CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 23, 2015

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 8:55 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

For the 9 persons fatally shot on June 17th at Emmanuel A.M. E. Church in Charleston, South Carolina.

For George Zimmerman, Assistant City Treasurer, who passed away on June 20th.

For Paul Leary, Former City Assessor who served the city for 22 years, he passed away on June 13th.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of June 9, 2015.

NSTAR for a gas main extension location in: HILLSBORO ROAD AND BAY STATE ROAD Granting permission to NSTAR for a gas main extension location in: HILLSBORO ROAD AND BAY STATE ROAD

Mayor Petty recognized the following speakers:
1. Idalla Hazard, Worcester resident
2. Kevin Ksen, Worcester resident
3. Leonard Cooper, Worcester resident
4. Martha Safa, Worcester resident
5. Stuart Loosemore, Leicester resident
6. Anthony Belcher, Worcester resident
7. Ida Lofini, Worcester resident
8. William S. Coleman, III, Worcester resident

Joseph Gerardi request no left turn onto Peabody St. from Plantation St.

David Burke request handicap parking space in front of 21 Waverly St. be removed.

Judith Henry request installation of handicap parking space in front of 4 View St.

Judith Henry request installation of a crosswalk in Vernon St. at Spurr St.

Judith Henry request installation of a stop sign in Vernon St. at the corner of View St.

Judith Henry request speed enforcement in the area of Vernon St. and View St.

Carol Thibeault et al request installation of handicap parking space in front of 6 Salford St.

Anthony Belcher request City Council request the City Manager to review the lead paint program as it relates to work performed at 4 Willow St.

Recommend the Appointment of Ariel Lim to the Community Development Advisory Committee.

Recommend adoption of salary ordinance amendments to bring the salary ordinance into compliance with with the FY15 Budget and the NAGE, Local 495 settled contract.

Recommend adoption of salary ordinance amendments to bring the salary ordinance into compliance with the Teamsters, Local 170, settled contract.Refer to CCM Item 9.31C

Transmitting informational communication relative to the Opportunities Fair scheduled for Tuesday, June 23, 2015 from 5:30p.m. to 7:00 p.m. at the Harrington Learning Center, Room 109 at Quinsigamond Community College.

Transmitting informational communication regarding plans to improve the business climate for food truck operators.

Recommend adoption of Orders authorizing the City Manager to execute a parking garage ground lease and vertical and horizontal easement agreement for the CitySquare project.

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

Recommend adoption of an amendment to the City's organizational ordinances.

Recommend approval of an Order for three (3) Public Health Inter-Municipal Agreements with the towns of Grafton, Holden and Millbury.

Transmitting informational communication relative to the "Recreation Worcester: Your Park, Your Play, Summer Fun!" program.

Transmitting informational communication relative to the 2015 Community Health Assessment.

Recommend adoption of a resolution to authorize a lease and license for Quinsigamond Community College at the Worcester Senior Center.

Transmitting informational communication relative to One City One Library Excellence in Collaboration Award.

Transmitting informational communication relative to tours of City Hall for persons with disabilities, families and friends on June 25th, July 16th and July 30th from 10AM - Noon.

Transmitting informational communication relative to the FY16 Capital Improvement Plan.

Recommend Adoption of an Amendment to the Table of Organization for FY16 with no financial impact to the FY16 Budget.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Loan Account #91C7413G, Street Construction, and be appropriated to Account #41C774, Providence/Winthrop/Heywood Streets, to allow for the payment of current and future engineering service obligations.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Loan Account #91C7244, Traffic Signal Equipment - Park Ave, and be appropriated to DPW Account #41C733, Traffic Lights - Park Ave, to allow for the purchase and payment of anticipated traffic signal design services.

Recommend that Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) 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 One Hundred Forty Thousand Dollars And No Cents ($140,000.00) be transferred as follows: $100,000.00 from Loan Account #91C7134, Leak Detection; and $40,000.00 from Loan Account #91C7132C, Cross Connections, and the total be appropriated to DPW Account #45C720, Water Mains, to allow for the payments of current and future obligations.

Recommend that One Hundred Twenty Five Thousand Dollars And No Cents ($125,000.00) be transferred from Loan Account #91C7144, Water Pumping Rehabilitation, and be appropriated to DPW Account #45C726, Water Pumping Stations to allow for payment of current and future obligations.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7454, Sewer Construction, and be appropriated to DPW Account #44C772, Infiltration - Lake Ave Area, to allow for the payment of current and future obligations.

Recommend that Two Hundred Ninety Five Thousand Dollars And No Cents ($295,000.00) be transferred from Loan Account #91C745C, Sewer Construction, and be appropriated to DPW Account #44C771, Infiltration, to allow for the payment of current and future obligations.

Recommend that Eight Hundred Thousand Dollars And No Cents ($800,000.00) be transferred as follows: $300,000.00 from Loan Account #91C7453G, Sewer-Stormwater; $200,000.00 from Loan Account #91C745M, CMOM; $150,000.000 from Loan Account #91C745, Sewers; and $150,000.00 from Loan Account #91C7454, Sewer Construction, and the total be appropriated to DPW Account #44C732, Sewer System/Stormwater, to allow for the payment of current and future obligations.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C7244, Traffic Signal Equipment, and be appropriated to DPW Account #40C704, Traffic Signals, to allow for the purchase and payment of anticipated new equipment.

Recommend that Eighty Four Thousand Five Hundred Five Dollars And No Cents ($84,505.00) be transferred as described.

Recommend adoption of an Order to accept a gift of a mural from Christopher Bettencourt.

Recommend adoption of a resolution to accept with gratitude a donation from Consigli Construction in the amount of Two Thousand Five Hundred Dollars and No Cents ($2,500.00) to benefit the 2015 Recreation Worcester and other summer youth programs.

Recommend adoption of a resolution to accept an in-kind donation from Charter TV 3 with an in-kind value of Ten Thousand Five Hundred Dollars and No Cents ($10,000.00) for promotional spot announcements of the Out to Lunch Summer Concert Series.

Recommend adoption of an Order to accept a Public Art Easement and an Order to accept a gift of a mural from CREI Worcester, LLC

Recommend adoption of an Order to accept a Public Art Easement and an Order to accept a gift of a mural from Amici on Canal, LLC.

Recommend adoption of a resolution to file and accept a grant in an amount not to exceed Sixty Thousand dollars ($60,000.00) from the Massachusetts Executive Office of Public Safety & Security's VAWA STOP grant program, FFY 2015 (Year 2) continuation funding grant opportunity.

Recommend that Fifty Five Thousand Dollars And No Cents ($55,000.00) be transferred from Account #121, Court Judgments, to Account #120, Law Ordinary Maintenance.

Recommend City Council authorization to make necessary adjustments to City accounts in order to balance the Fiscal Year 2015 Budget.

Recommend that Twenty Six Thousand Five Hundred Thirty Five Dollars and No Cents ($26,535.00) be transferred from Account #900-92000, City Manager's Contingency, and appropriated to the accounts specified and recommended by Thomas F. Zidelis, Chief Financial Officer. Furthermore, I respectfully recommend the Eleven Thousand Eight Hundred Thirteen Dollars and No Cents ($11,891.00) be appropriated to the accounts specified and recommended by Thomas F. Zidelis, Chief Financial Officer. Furthermore, I respectfully request to amend the Fiscal Year 2016 Budget by transferring Forty-Three Thousand Five Hundred Ninety-One Dollars and No Cents ($43,591.00) from Account #663-96000, Health Insurance, and appropriate to the accounts specified and recommended by Thomas F. Zidelis, Chief Financial Officer. Furthermore, I respectfully request that Eighteen Thousand Seven Hundred Thirty-Two Dollars and No Cents ($18,732.00) be appropriated to the accounts specified and recommended by Thomas F. Zidelis, Chief Financial Officer.Refer to CCM Item 9.3B

Recommend that One Hundred Thousand One Hundred Fifty Dollars And No Cents ($100,150.00) be transferred from Account #410-91000, Public Works Salaries, to Account #260-92000, Worcester Fire Department Ordinary Maintenance obligations due by Fiscal 2016 year end.

Recommend that Forty Five Thousand Dollars And No Cents ($45,000.00) be transferred from Account # 330-08, Reserve for Appropriation on Loans, to Account #660-92000 , Treasurers Office Ordinary Maintenance.

Recommend the adoption of a Loan Order in the amount of Four Thousand Dollars And No Cents ($4,000.00) be appropriated to Account #91C780M, Human Resources Capital Equipment, for the purpose of purchasing departmental equipment.

Recommend the adoption of a Loan Order in the amount of Six Hundred Eighteen Thousand Dollars And No Cents ($618,000.00) be appropriated to Account #91C7114, Citywide Building Rehabilitation, to pay for costs associated with improvements to various citywide buildings.

Recommend the adoption of a Loan Order in the amount of Five Hundred Thousand Dollars And No Cents ($500,000.00) be appropriated to Account #91C784P, Park Improvement Tree Planting, to pay for costs associated with planting trees City wide.

Recommend the adoption of a Loan Order in the amount of Six Million Eighty-Five Thousand Dollars And No Cents ($6,085,000.00) be appropriated to Account #91C784, Park Improvements, to pay for costs associated with the City wide park improvements.

Recommend the adoption of a Loan Order in the amount of Eight Hundred Thousand Dollars And No Cents ($800,000.00) be appropriated to Account #91C784AI, Open Space, to pay for costs associated with the acquisition of open space for parks.

Recommend the adoption of a Loan Order in the amount of Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be appropriated to Account #91C724B, Traffic Signal Improvements, to pay for costs associated with the improvements of traffic signals.

Recommend the adoption of a Loan Order in the amount of Two Million Two Hundred Fifty Thousand Dollars And No Cents ($2,250,000.00) be appropriated to Account #91C741I, Citywide Street Improvements, to pay for costs associated with the improvements of streets City wide.

Recommend the adoption of a Loan Order in the amount of Five Hundred Fifty Thousand Dollars And No Cents ($550,000.00) be appropriated to Account #91C724A, Street Lights, to pay for costs associated with the improvements of City street lights.

Recommend the adoption of a Loan Order in the amount of Eight Million Three Hundred Fifty Thousand Dollars And No Cents ($8,350,000.00) be appropriated to Account #91C786, Street Construction, to pay for costs associated with the Street Construction City wide.

Recommend the adoption of a Loan Order in the amount of Five Hundred Forty-Eight Thousand Dollars And No Cents ($548,000.00) be appropriated to Account #91C780B, Police Capital Equipment, for the purpose of purchasing departmental equipment.

Recommend the adoption of a Loan Order in the amount of One Hundred Two Thousand Dollars And No Cents ($102,000.00) be appropriated to Account #91C780H, Public Library Capital Equipment, for the purpose of purchasing departmental equipment.

Recommend the adoption of a Loan Order in the amount of Seven Hundred Eighty Thousand Dollars And No Cents ($780,000.00) be appropriated to Account #91C734A, Sewer Equipment, for the purpose of purchasing capital equipment for the Sewer Department.

Recommend the adoption of a Loan Order in the amount of Two Hundred Ten Thousand Dollars And No Cents ($210,000.00) be appropriated to Account #91C780F, Technical Services Capital Equipment, for the purpose of purchasing departmental equipment.

Recommend the adoption of a Loan Order in the amount of Eighty Thousand Dollars And No Cents ($80,000.00) be appropriated to Account #91C780L, Union Station Capital Equipment, for the purpose of purchasing departmental equipment.

Recommend the adoption of a Loan Order in the amount of Seven Hundred Forty Thousand Dollars And No Cents ($740,000.00) be appropriated to Account #91C731A, Water Capital Equipment, to purchase Water Department Equipment.

Recommend the adoption of a Loan Order in the amount of Five Hundred Thousand Dollars And No Cents ($500,000.00) be appropriated to Account #91C780E, Capital Equipment Schools, for the purpose of purchasing departmental equipment.

Recommend the adoption of a Loan Order in the amount of Two Million Dollars And No Cents ($2,000,000.00) be appropriated to Account #91C715A, Dam Improvements, to pay for cost associated with rehabilitation and repair. of dams.

Recommend the adoption of a Loan Order in the amount of Fifty Thousand Dollars And No Cents ($50,000.00) be appropriated to Account #91C741E, Bridge Rehabilitation, to pay for costs associated with the rehabilitation and repair of bridges.

Recommend the adoption of a Loan Order in the amount of Twenty Five Thousand Dollars And No Cents ($25,000.00) be appropriated to Account #91C741F, Guard Rails, to pay for the costs associated with the rehabilitation and repair of guard rails.

Recommend the adoption of a Loan Order in the amount of Twenty Six Thousand Dollars And No Cents ($26,000.00) be appropriated to Account #91C780I, Inspectional Services Capital Equipment, for the purpose of purchasing departmental equipment.

Recommend the adoption of a Loan Order in the amount of Four Hundred Thousand Dollars And No Cents ($400,000.00) be appropriated to Account #91C780C, Parks Capital Equipment, for the purpose of purchasing departmental equipment.

Recommend the adoption of a Loan Order in the amount of Five Hundred Fifty Thousand Dollars And No Cents ($550,000.00) be appropriated to Account #91C780A, Department of Public Works Capital Equipment, for the purpose of purchasing departmental equipment.

Recommend the adoption of a Loan Order in the amount of Five Hundred Ten Thousand Dollars And No Cents ($510,000.00) be appropriated to Account #91C780B, Fire Capital Equipment, for the purpose of purchasing departmental equipment.

Recommend the adoption of a Loan Order in the amount of One Million Seven Hundred Thousand Dollars And No Cents ($1,700,000.00) be appropriated to Account #91C713B, Reservoir Rehabilitation, to fund improvements to reservoirs.

Recommend the adoption of a Loan Order in the amount of Four Million Dollars And No Cents ($4,000,000.00) be appropriated to Account #91C713A, Water Mains, to pay for cost associated with Water Infrastructure.

Recommend the adoption of a Loan Order in the amount of Three Hundred Thousand Dollars And No Cents ($300,000.00) be appropriated to Account #91C702A, Water Land Acquisition, to pay for costs associated with the acquisition of water lands.

Recommend the adoption of a Loan Order in the amount of Two Million Seven Hundred Thousand Dollars And No Cents ($2,700,000.00) be appropriated to Account #91C7133B, Water Mains & Gates, to pay for cost associated with Water Infrastructure.

Recommend the adoption of a Loan Order in the amount of Three Hundred Thousand Dollars And No Cents ($300,000.00) be appropriated to Account #91C732A, Water Building Rehabilitation, to pay for costs associated with Water Facilities Improvements.

Recommend the adoption of a Loan Order in the amount of Three Hundred Thousand Dollars And No Cents ($300,000.00) be appropriated to Account #91C735A, Sewer Building Rehabilitation, to pay for costs associated with building rehabilitation improvements to the Seer Building.

Recommend the adoption of a Loan Order in the amount of Fifteen Million Nine Hundred Thousand Dollars And No Cents ($15,900,000.00) be appropriated to Account #91C745B, Sewer Reconstruction, to pay for costs associated with Sewer Infrastructure.

Recommend the adoption of a Loan Order in the amount of One Million Twenty Five Thousand Dollars And No Cents ($1,025,000.00) be appropriated to Account #91C744B, Off Street Parking Building Rehabilitation, to fund repairs and improvements for all the parking garages.

Recommend the adoption of a Loan Order in the amount of Two Hundred Twenty Five Thousand Dollars And No Cents ($225,000.00) be appropriated to Account #91C711G, Energy and Asset Management Rehabilitation, to pay for costs associated with improvements to the Senior Center.

Recommend the adoption of a Loan Order in the amount of Two Million Five Hundred Sixty Thousand Dollars And No Cents ($2,560,000.00) be appropriated to Account #91C775B, Parks Building Rehabilitation, to pay for costs associated with improvements to park buildings throughout the City.

Recommend the adoption of a Loan Order in the amount of Twenty Two Million Dollars And No Cents ($22,000,000.00) be appropriated to Account #91C745B, Sewer Reconstruction, to pay for costs associated with Rt 20 Sewer projects

I respectfully recommend that the City Council rescind Loan Order for Castle Park ordained on June 10, 2014 and replace it with the attached Loan Order in the amount of Two Hundred Thousand Dollars And No Cents ($200,000.00) and that this amount be appropriated to Account #91C784AE, Institute Park, to fund improvements associated with Institute Park.

Transmitting informational communication relative to the City Manager's evaluation.

Robert V. Stearns, City Auditor, transmitting a communication as requested for an audit of the WCCA and analysis of PEG Access Funds.

ORDER: That City Council, at its meeting on June 16, 2015, suspended its Rules in order to place on the agenda for the meeting of June 23, 2015 both the Report of the Standing Committee on Economic Development and the Communication of the City Manager recommending adoption of Two (2) Resolutions relative to the Certified Project Application and Site Specific Economic Opportunity Area (EOA) Designation for 150 Blackstone River Rd. Item #9.4B on the City Council agenda for May 26, 2015. REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Recommend adoption of the attached resolutions relative to the Certified Project Application and Site Specific Economic Opportunity Area (EOA) Designation for 150 Blackstone River Road: recommend adoption of the accompanying two (2) Resolutions

ORDER: That City Council, at its meeting on June 16, 2015, suspended its Rules in order to place on the agenda for the meeting of June 23, 2015 both the Report of the Standing Committee on Public Works and the Communication of the City Manager recommending approval of the discontinuance of a portion of the former Millbury Street location, discontinuance of a portion of Dryden Access Road, a public highway layout on parcels acquired by the Commonwealth on behalf of the City, conveyance of three parcels of land to the Massachusetts Department of Transportation and public layout of a portion of Dryden Access Way. Item #9.4B on the City Council agenda for May 26, 2015. REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager recommending approval of the discontinuance of a portion of the former Millbury Street location, discontinuance of a portion of Dryden Access Road, a public highway layout on parcels acquired by the Commonwealth on behalf of the City, conveyance of three parcels of land to the Massachusetts Department of Transportation and public layout of a portion of Dryden Access Way: recommend adoption of the accompanying three (3) Orders.

Amending Chapter Nine of the Revised Ordinances Relative to Vacant and Foreclosing Properties

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)

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)

Motion Lukes @ #9.4A CM – Request City Manager report what are the penalties when food truck vendors operate outside the pre-approved zones and further, report, if changes occur regarding where these zones operate, will City Council will be voting on these changes.

Motion Rivera @ #9.4A CM – Request City Manager provide the Standing Committee on Economic Development with a draft of the proposed food truck ordinance for review. Further, request push cart vendors be included in the proposed draft.

Motion Russell @ #9.4A CM – Request City Manager consider encouraging existing brick and mortar business to consider adding food trucks to their businesses and further, report whether or not is it possible to give preference to city residents/businesses when issuing permits.

Motion Lukes @ #9.24A CM – Request City Manager report how much money has been spent in the last five (5) years for improvements to the street light network.

Motion Lukes @ #9.24A CM – Request City Manager provide in a report specifics as to how funding for park improvements in the FY16 Capital Plan will be spent.

Motion Petty @ #9.24A CM – Request the City Clerk prepare for City Council with amended Evaluation forms with performance assessments using the following terms: Unsatisfactory, Needs improvements, Meets expectations and Excels expectations, and further, request City Council to submit the complete forms no later than Tuesday, June 30th at 5:30 p.m.

Motion Gaffney @ #9.24A CM – Request City Manager consider in the future if the Vacant and Foreclosing properties ordinance needs to be amended to include a safe harbor provision.

PETITION – Councilor Tony Economou request installation of a crosswalk across Pleasant St. at Howland Terrace

Motion Economou – Suspension of Rules – Request City Manager have inspectional services cleanup 61 Barry Rd.

Motion Toomey – Suspension of Rules – Request City Manager report to City Council plans to address improvements at the Jack Barry girls softball field.

PETITION – Councilor Kathleen M. Toomey request repair of street light in vicinity of 44 Ideal Rd.