CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 28, 2015

Esther Howland Chamber

Convened: 7:07 P.M.

Recessed to Finance Committee: 8:04 P.M. Adjourned from Finance Committee to Reconvene into Open Session: 9:10 P.M. Adjourned: 10:25 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 April 7, 2015.

Mayor Joseph M. Petty presented Konstantin “Dino” Eliadi, the Director of Water Operations at the Department of Public Works and Parks, with a Key to the City for his hard work and dedication to the City upon the occasion of his retirement.

Mayor Petty recognized the following speakers:
1. Ronal Madnick, Worcester resident
2. Peggy Middaugh, Worcester resident
3. Vanira Asah, Worcester resident
4. Edgar Lopez Polanco, Worcester resident
5. Nino Afini, Worcester resident
6. Anh Vu Sawyer, Providence, RI resident
7. Reverend Jose Encarnacion, Worcester resident
8. Leonard Cooper, Worcester resident
9. Maritza Cruz, Worcester resident
10. Jim Connolly, Worcester resident
11. Cody Collins, Worcester resident
12. Maura Coakley, Worcester resident
13. John Provost, Worcester resident

Mayor Petty recognized Councilor Toomey for receiving the Talent of Leadership Award from the Alpha Gamma Delta International Council, which recognizes contributions to communities. Councilor Toomey is one of only sixteen (16) women worldwide to receive this honor.

Richard and Theresa Burke request the City refrain from planting trees in front of their property at 11 Cardinal Rd.

Phuong-Tran-Vo request Camden Ave. from Indiana St. to Greenfield St. be made public.

Nate Smith, President of Absolute Machinery, request to extend the existing ML-2.0 zone to incorporate the entire parcel of 92 Gardner St. which is currently split zoned by ML-2.0 and RG-5.0 zones and also to extend the existing ML.2.0 zone to incorporate the entire parcel of 57 Southgate St. which is currently split zoned by ML-2.0 and RG-5.0 zones.

Councilor George J. Russell request the Zoning Ordinance Table of Uses be amended to include solar farms or similar facilities as follows: “No - all residential zones”, and “SP - all BL, ML and BO zones” and “Yes – all other B and MG zones”.

Blanca Laza and Boris Velez request abatement of street betterment assessment #25379 in the amount of $15,302.40 for Spaulding St.

Tiffany & Samuel Cheng request abatement of street betterment assessment #25383 in the amount of $19,200.00 for Spaulding St.

Marc Williams request fire hydrant in front of 205 Shrewsbury St. be moved to a new location.

John Hamann request sidewalk repair in front of 9 Gaskill Rd.

Annie Walters request installation of a handicap parking space in front of 61 Dorchester St.

Austin Brown request to remove handicap parking in front of 5 Montague St.

Madeline Lassen request installation of a handicap parking space in front of 53 Gates St.

Daniel Zoto on behalf of Luz Rivera-Sevilla request installation of a handicap parking space in front of 31 Fifth Ave.

Thomas Morway request bus stop located in front of 501 Grafton St. be relocated.

Councilor Konstantina B. Lukes on behalf of Lenny Cuiffredo request stop sign on Peabody St. at the intersection of Franklin St. and Harrington Way and at the intersection of Plantation and Peabody St. be replaced.

Councilor Morris A. Bergman request the re-installation of a stop sign at the intersection of Peabody and Franklin Sts.

Trevor Peart request installation of "No Parking" on the north side of Reservoir St. between Elizabeth St. and Eastern Ave.

Councilor George J. Russell on behalf of Margaret Shaughnessy request installation of “Caution Low Overhead Wires” signs in both ends of Progressive St. in the interest of public safety.

Councilor George J. Russell on behalf of Pat Donahue request installation of "No Parking" in front of 63 and 65 Crowningshield Rd.

Tina Bergevin request removal of "No Parking Anytime" signage on Outlook Dr. from Swan Ave. at the westerly intersection to the easterly terminus of Outlook Dr. within the Washington Heights Complex.

Councilor Morris A. Bergman request removal of “No Parking Except Sundays” and “15 Minute Parking” signs/restrictions in front of 55-57 East Central St.

Councilor Morris A. Bergman request removal of two handicap parking signs/restrictions in front of 65 East Central St.

LIGHTOWER FIBER NETWORKS for conduit location in: GARDNER ST.

Transmitting informational communication relative to the appointments of Shawna Curran and Ike McBride to the Human Rights Commission.

Transmitting Informational Communication Relative to the Appointment of Samantha Fiakofi to the Worcester Arts Council.

Transmitting Informational Communication Relative to the Appointment of Devon Kurtz to the Historical Commission.

Recommend approval of the appointment of J. Martin Shanahan to the Citizens Advisory Council.

Recommend adoption of an Order to execute a lease for the 22 Newbury Street Property for community gardening purposes.

Transmitting informational communication relative to the City of Worcester Fiscal Year 2016/Program Year 41 Funding Recommendations for U.S. Housing and Urban Development (HUD) Entitlement Programs – Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), HOME Investment Partnership Program (HOME), and Housing Opportunities for Persons with AIDS (HOPWA).

Transmitting informational communication relative to Keep Worcester Clean (KWC) Activity Report for the month of January 2015.

Transmitting informational communication relative to Keep Worcester Clean (KWC) Activity Report for the month of February 2015

Transmitting informational communication relative to the Construction Progress Report for the month ending March 31, 2015

Transmitting informational communication relative to the impact to the City if the proposed increase of 3.8% to the water and sewer rate is not approved.

Transmitting informational communication relative to a list of unfunded traffic engineering projects in the City.

Transmitting informational communication relative to sewer installation at Aetna Street.

Transmitting informational communication relative to the 2015 Arbor Day invitation on May 1, 2015 from 10am to 12pm at the Green Hill Park Pavilion.

Transmitting informational communication relative to the GAR Memorial Hall Board of Trustees recent vote to adopt a "Policy and Procedure for Using Funds."

Recommend adoption of an Order establishing the Military Excise Exemption Program and the Military Excise Deferral Program.

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

Transmitting informational communication relative to the FY15 Property Tax and abatement process, as amended by the Commonwealth of Massachusetts, Acts 2015 Chapter 10, Sec. 62.

Recommend that Thirty Four Thousand Eight Hundred Two Dollars And No Cents ($34,802.00) be transferred from Account #91C711E, Worcester Public School Building Rehabilitation, and be appropriated Account #50C704, Worcester Public School Building Rehabilitation, to fund costs associated with school rehabilitation projects.

Recommend that Thirty Thousand Three Hundred Seventy One Dollars And Seventy Three Cents ($30,371.73) be transferred from Reserve Revenue Account #330-54, Greenwood St. Landfill, and be appropriated to DPW Account #41C602, Greenwood Street Landfill(Neighborhood), to allow for the payment of current and future obligations associated with these two neighborhood improvements.

Recommend that this most recent authorized apportionment from the State (MA#51051 - FY2016) in the amount of Four Million One Hundred Thousand One Hundred Eleven Dollars And No Cents ($4,100,111.00) be appropriated to DPW Account #41C440, Street Resurfacing, to provide funding for current and future Chapter 90 obligations.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C7450C, Sewer Construction, and be appropriated to DPW Account #44C771, Infiltration, to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C7452G, Sewer - Stormwater, and be appropriated to DPW Account #44C732, Sewer System/Stormwater, to allow for the payment of current and future obligations.

Recommend that Three Thousand Eight Hundred Seventy Five Dollars And No Cents ($3,875.00) be transferred from Account #91C7111A, Building Rehab ESCO, and be appropriated to Account #04C75402-92120, ESCO Schools Building Rehab. These funds are necessary to pay invoice for design review.

Recommend that Twenty One Thousand One Hundred Sixty Two Dollars And Sixty Three Cents ($21,162.63) be transferred from Account # 91C711B, Building Rehabilitation, to Account #26C704, Worcester Fire Department Capital Rehabilitation.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C7134, Water Transmission Mains, and be appropriated to DPW Account #45C721, Water Mains, to allow for the payments of current and future obligations.

Recommend that Two Hundred Fifty Seven Thousand Nine Hundred Dollars And No Cents ($257,900.00) be transferred from Reserve Revenue Account #330-54, Reserve for Appropriation Greenwood Street Landfill, and be appropriated to DPW Account #41S607, Greenwood Street Landfill (City) to allow for these future engineering commitments to be paid.

Recommend adoption of a resolution to apply for and accept a grant of up to Two Hundred Seventy Thousand Dollars And No Cents ($270,000.00) from the MA Executive Office of Elder Affairs

Recommend adoption of a resolution to file and accept the 2014-2015 HMEP subgrant in the amount of Two Thousand Two Hundred Ten Dollars and No Cents ($2,210.00) from the U.S. Department of Transportation.

Recommend adoption of a resolution to file and accept a 2015 Bulletproof Partnership (BVP) Grant in the amount of Forty Thousand Dollars and No Cents ($40,000.00) from the U.S. Department of Justice.

Recommend adoption of a resolution to accept a donation of one (1) Police K-9 with a monetary value of Five Thousand Five Hundred Dollars and No Cents ($5,500.00)from Mr. Justin J. Gabriel.

Recommend adoption of a resolution to file and accept a grant from Commonwealth of Massachusetts, Department of Mental Health for Crisis Intervention Team (CIT) Training and Programs, CIT Training and Technical Assistance Centers, and Other Innovative Police-Based Behavioral Health Jail Diversion/Jail Prevention Programs

Recommend adoption of a resolution to accept with gratitude a donation of Two Thousand Four Hundred Dollars and No Cents ($2,400.00) for the Worcester Public Library's "Art Access @ WPL" program from the Worcester Arts Council.

Recommend that Six Thousand Dollars And No Cents ($6,000.00) be transferred from Account #670-91000, Assessing Personal Service, and be appropriated to Account #670-92000, Assessing Ordinary Maintenance, to fund ongoing operations of the department.

Recommend that Twenty One Thousand Twenty Dollars And Ninety Five Cents ($21,020.95) be transferred from Account #550-91000 Library Salaries, to Account #550-92000 Library Ordinance Maintenance Account, to provide additional funding for Library materials to meet State-aid required spending.

Recommend that Four Hundred Twenty Eight Thousand Dollars And No Cents ($428,000.00) be transferred from Account #900-92000, City Managers Contingency, to Account #040-92000, City Managers Ordinary Maintenance. These funds are necessary to allow for uninterrupted distribution of Massachusetts Chapter 115 Veterans benefits, as well as to allow payment of invoices for the remainder of this fiscal year.

Transmitting informational communication relative to a "Boards, Commissions and YOU...Informational Fair" event scheduled for Wednesday, April 29, 2015 from 6pm - 8pm in the Saxe Room of the Worcester Public Library.

Transmitting informational communication relative to an update on the activities of Destination Worcester.

Transmitting informational communication relative to an invitation to the City Manager's spring Clean Team event scheduled for Saturday, May 9, 2015 at Morgan Park, 575 Grove Street from 9am to 12pm.

Transmitting informational communication relative to the Spring onto the Common Event scheduled for Saturday, May 2, 2015 from 12pm to 3pm on the Worcester Commons behind City Hall.

Transmitting informational communication relative to a presentation to discuss the recent OPEB valuation.

Transmitting informational communication relative to the City of Worcester’s plan to implement improved strategies and policies that better serve and represent our diverse community.

Request City Manager request The Research Bureau to update its prior report on Civilian Police Review Boards. (Lukes)

Request City Manager report on the feasibility of establishing an independent Civilian Police Review Board, with references to the applicability of a budget, staff, subpoena powers, investigatory powers with a goal of making determinations on merits of every citizen complaint regarding police conduct, and including recommendations on police programs, policies, and procedures and providing citizen input to the City Manager, all to promote community confidence in the Worcester Police Department while respecting the rights of both the police and complainants. (Lukes)

Request City Manager provide a comprehensive study of truck traffic generated by the CSX freight yard. (Lukes)

Request City Council amend the Revised Ordinances to require that the owner’s name and contact telephone number be conspicuously posted to the front of non-owner occupied multi-family properties. (Rivera)

Request City Manager provide an update regarding the status of the Lincoln St. Construction project that includes what is the next phase and when will this take place; and further, include when is the expected timeline for completing this project. (Palmieri, Economou)

Request City Manager provide an update to City Council of any plans for new airlines coming to the airport and further, report if Jet Blue has plans to expand their service. (Palmieri)

Request City Manager consider looking at major street arteries such as Shrewsbury St., Highland St. and Main St. for resurfacing and infrastructure needs. (Palmieri)

Request City Manager request the Commissioner of Public Health report to City Council as to the seriousness of the Lyme disease in our city and related costs for prevention and report whether the city has the capacity to take on preventive measures considering the state is not providing funds. Further, request the City Manager request our state delegation to contact the state administration to reconsider funding. (Palmieri)

Request City Manager report on the following; What is the nature of the Federal Department of Justice upcoming involvement in the city of Worcester; the date(s) of their involvement in Worcester; what city departments and personnel are going to assist or otherwise aid and or cooperate with the Justice Department; will there be documentation open to the public regarding any final outcome/investigations/recommendations of the Department's involvement; who requested the Department's involvement; and what was the cause for the request to the Justice Department's involvement. (Lukes)

Request City Manager report on the feasibility of 1) multi year budgets; 2) participatory budgeting on a district level with neighborhood meetings; and 3) Crowd sourcing to provide on line neighborhood input, all for the purpose of encouraging resident involvement in city government decision making and service making. (Lukes)

Request City Manager obtain information/reports from the appropriate departments prior to this year’s budget as to the cost(s) and feasibility of implementing full-time Worcester Police Officer(s) and/or metal detector(s) in each of our public high schools and the current costs/expenses associated with security measures thereat. (Bergman, Rosen)

Request City Manager consider an informal discussion with the community neighborhoods regarding major issues of relevance such as the open space and fields abutting the Chandler Magnet school and the tennis courts at Newton Square. (Palmieri)

Request the City Manager to request the Commissioner of the Department of Public Works and Parks investigate the use of “Pothole Killers” technology for repairing seasonal potholes. http://potholekillers.com/. (Bergman)

Department of Public Utilities transmitting NStar Gas Company's Condensed Financial Return for the Year Ended December 31, 2014.

Dr. Helen Friel, Assistant to the Superintendent/Clerk of the School Committee transmitting communication requesting City Council to approve the School Committee's vote to declare surplus tor disposition purposes the 1,373 square feet of land in connection with the construction of the Nelson Place School project and revert jurisdiction to the City.

Timothy J. McGourthy, Executive Director for the Worcester Regional Research Bureau, transmitting communication relative to "Don't Boo. Just Remember to Vote" Civic Engagement in the City of Worcester.

Timothy J. McGourthy, Executive Director for the Worcester Regional Research Bureau, transmitting a Bureau Brief relative to Worcester's Unfunded OPEB liability.

REPORT OF THE PLANNING BOARD Upon the Petition of Councilor Tony Economou on behalf of the residents of The Willows at Worcester request West Chester St. from 101 Barry Rd. to Barry Rd. Extension be converted from a private road to a public road, in the interest of public safety.

REPORT OF THE PLANNING BOARD Upon the Petition of James Gurnick request to abandon and remove from the official map a paper map portion of Darby St., from Beverly Rd. westerly approximately 112 feet. Further, request to purchase this parcel at a negotiated price

Amending Chapter Two Section Twenty-Nine of the Revised Ordinances of 2008 Concerning The CitySquare Project Permit Fees Ordinance.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on Bates Avenue adjacent to Green Hill Golf Course. Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on Green Hill Avenue adjacent to Green Hill Golf Course. Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on Marsh Avenue adjacent to Green Hill Golf Course.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 47 Ellsworth Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking across from 16 Jefferson Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking on the north side of Fern Street adjacent to 488 Park Avenue.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 138 Green Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking opposite of 6 Sterling Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 15 Benefit Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to extend No Parking Anytime on Crowningshield Road.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to install 15 Minute Parking in front of 781 Main Street.

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 @ #8.34F CM – Request City Manager include in the City’s plans to implement policies to better serve and represent a diverse community a strategy to address the future of vendors in the City working with refugee relocation programs.

Motion Lukes @ #8.5D CM – Request City Manager request City Solicitor report to City Council concerning what happens to surplus monies in the water and sewer enterprise account and whether or not it can be applied to reducing rates for the forthcoming year.

Motion Rivera @ #8.6A CM – Request City Manager provide City Council with a report on how unfunded traffic engineering projects in the City are prioritized.

COMMUNICATION – Edward M. Augustus, City Manager, recommending that an Executive Session be held on Tuesday, May 5, 2015 immediately following the public comment period to discuss strategy with respect to collective bargaining.

Motion Toomey – Suspension of Rules – Request City Manager request Police Chief provide City Council a breakdown of unpaid bills from private detail companies, the names of those companies, their dates of service, and the amount due. Further, request City Manager request Police Chief provide information regarding the process for recovering any unpaid monies from those firms, and what happens should a company go out of business.