CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 24, 2015

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 9:26 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 November 10, 2015.

Candidates were given an opportunity to address the City Council - Election to take place at the City Council meeting on December 1, 2015 at 7:00 P.M.

Hearing: LIGHTOWER FIBER NETWORKS for conduit location in: HAMILTON ST. Granting permission to LIGHTOWER FIBER NETWORKS for conduit location in: HAMILTON ST.

HEARING: To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2016.

COMMUNICATION of the City Manager transmitting informational communication relative to the Fiscal Year 2016 Tax Classification.

Danielle Obenewaa a student from Claremont Academy and Petrena Sommerville, Dorothy Obisui, mary Siriboe and Henrietta Danso, students from North High School, were present to inform City Council of their annual school food drive.

Mayor Petty recognized the following speakers:
1. John Provost, Worcester resident
2. Idella Hazard, Worcester resident

Pauline Abbis request tree in front of 40 Calumet Ave. be removed.

Mary Dionne request the public portion of Elliot St. be resurfaced.

William Coleman, III request City Council give an update as to how well our residents are doing relative to recycling in our City since the program started and further, request report include a district wide update on which part of the city does the best.

Roberto Gelais request abatement of street assessment #25349 in the amount of $6,606.95 for Yukon Ave.

Carley Harrington request repaving of Dewey St. from West Oberlin St. to Charlotte St.

Michele Bouffard et al request removal of illegally placed stop signs on Commonwealth Ave. at Crawford, Modoc, and Glezen Sts.

Michele Bouffard et al request installation of stop signs in Acton St. at Ashwood St.

Michele Bouffard et al request to install "No Turn on Red" signage leaving Acton St. onto Massasoit Rd.

Michele Bouffard et al request to make Acton St. one way from Houghton St. to Grafton St.

Sharon Giordani request installation of a handicap parking space in front of 77 Chatham St.

Lorianne Palmer et al request traffic enforcement for crosswalks and speed in vicinity of Columbus Park Preparatory School. Further, request installation of a Flashing Yellow Light in Lovell St. in vicinity of school as well as installation of a "No Parking Buses Only" sign before the crosswalk in Lovell St. at the school.

Lorianne Palmer et al request installation of a Flashing Yellow Light at crosswalk in Spaulding St.

Sandra Mitchell request a Stop Sign be installed at the intersection of Dixfield St. and Castine St.

Michelle Santiago request handicap parking poles be removed from in front of 27 Mendon St.

Michael Laflash request handicap parking space be removed from in front of 25 Louise St.

Michele Bouffard request repainting of crosswalk in front of 5 Acton St.

Michele Bouffard request prohibition of left hand turns onto or off of Grafton St. between Waverly St. and Arthur St. with exceptions for Cutler St. and Grafton St. onto Houghton St.

Michele Bouffard request reprogramming of lights coming off Skyline Dr. between 1:45 P.M. and 2:15 P.M. to allow vehicles leaving Worcester Technical High School to exit more efficiently.

Michele Bouffard request removal of random, unnecessary stop sign in the middle of Grand View Ave.

Elijah Johnson request City Council acknowledge Major-General Daniel Gookin Monument or Plaque as the "Father of Worcester."

LIGHTOWER FIBER NETWORKS LLC for a conduit location in: CHANDLER ST.

NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a joint pole relocation in MONMOUTH AVE.

NATIONAL GRID & VERIZON NEW ENGLAND INC. for a jointly-owned pole location in: MOWER ST.

William Coleman, III request City Council acknowledge the effort of school students who have collected food for those in need.

Jo Hart request City Council allow and follow full free-speech and open-meeting-law procedures to allow the public to speak on any unplanned/emergency item any official wants to interject into the agenda, and that new-item placeholder be listed before the public-speaking portion on all agendas, and that all other supplemental items wait for the next meeting agenda.

Councilor Konstantina B. Lukes request City Council suspend its rules to permit the recording of her vote regarding the Resolutions as they appeared on the November 17, 2015 City Council agenda, items #12b & 12c, as follows: item #12b as a nay and item #12c as a yea.

Recommend appointment of Etel Capacchione to the Citizens Advisory Council.

Recommend City Council's review, deliberation and adoption of a salary ordinance amendment for IBPO 504 to bring the Local 504 contract into compliance with recently completed contract negotiations.Refer to CCM Item 11.33A

Recommend adoption of an Ordinance concerning the compensation of the Cultural Development Officer.

Transmitting informational communication relative to public outreach for winter parking bans.

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

Transmitting informational communication relative to the Master Plan Initiative for improvements to Holmes Field.

Transmitting informational communication relative to the Master Plan Initiative for improvements to South Worcester Playground.

Transmitting informational communication relative to the selection of Richard H. Fiske, III to the State Interoperability Executive Committee.

Transmitting informational communication relative to the proposed changes to the Rules of City Council.

Recommend adoption of an Order for the lease of space at the Worcester Senior Center by Family Services Organization of Worcester, Inc.

Recommend City Council’s review, deliberation and adoption of an Order relative to the Elderly Exemption Program.

Transmitting informational communication relative to the City's revenues and expenditures through September for Fiscal Year 2016, per the City's Five Point Plan.

Recommend that Twenty Thousand Dollars And Five Cents ($20,000.05) 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 associated with this project.

Recommend that Fifty Two Thousand Four Hundred Thirty Nine Dollars And No Cents ($52,439.00) be transferred from Loan Account # 91C780C, Parks Capital Equipment, when and as received to Parks Account # 72C701, Parks Capital Equipment, to allow for the purchase and future payment of approved FY16 Capital Equipment.

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

Recommend that Fifty Two Thousand Eight Hundred Fifty Eight Dollars And No Cents ($52,858.00) be transferred from Loan Account #91C780A, Capital Equipment, and be appropriated to DPW Account #41C703, Capital Equipment, when and as received, to allow for the purchase and future payment of this vehicle.

Recommend adoption of a resolution to apply for and accept a Robert Wood Johnson Foundation (RWJF) Culture of Health Prize for the Worcester Division of Public Health (WDPH) in the amount of Twenty Five Thousand Dollars and No Cents ($25,000.00).

Recommend adoption of resolution to accept a donation in the amount of Five Thousand One Hundred Dollars And No Cents ($5,100.00) from Digital Federal Credit Union, First Congregational Church Fellowship, and Diane Krikorian to the Worcester Fire Department.

Recommend adoption of resolution to accept a donation of materials with a value of Ten Thousand Dollars And No Cents ($10,000.00) from Modern Manufacturing, Inc., to benefit the Worcester Fire Department.

Recommend adoption of a resolution to file and accept a gift of service through the Massachusetts Development Finance Agency's Transformative Development Initiative (TDI) Fellows Program.

Recommend adoption of a resolution to file and accept a Brownfields Revolving Loan Fund grant from the U.S. Environmental Protection Agency in the amount of One Million Dollars and No Cents ($1,000,000.00).

Recommend adoption of a resolution to file and accept a Brownfields Assessment grant from the U.S. Environmental Protection Agency in the amount of Four Hundred Thousand Dollars and No Cents ($400,000.00).

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Five Hundred Dollars and No Cents ($500.00) to the Victoria Trachtenberg Children's Reading Fund of the Worcester Public Library.

Recommend that One Million Forty Four Thousand Seven Hundred Ninety Five Dollars And No Cents ($1,044,795.00) be transferred, as detailed, in order to implement the collective bargaining agreement with Local 504, Worcester Police Officials.Refer to CCM Item 11.3A

Recommend City Council's authorization of the use of the Revolving Fund Accounts in Fiscal Year 2016, at the limits in each account.

Recommend that Thirty Six Thousand One Hundred Ten Dollars And Twenty Six Cents ($36,110.26) be transferred from Parks Account # 720103-92120, Park Steward Ordinary Maintenance and be appropriated to Parks Account # 7202-91101, Parks Regular Salaries to cover the costs of salaries for the Parks Steward Program.

Recommend that One Million Two Hundred Eighty Eight Thousand Eight Hundred Forty One Dollars And No Cents ($1,288,841.00) be transferred to finalize the City's FY16 Annual Budget, and furthermore, recommend that One Million Six Thousand Five Hundred Four Dollars And No Cents ($1,006,504.00) in FY15 certified free cash be appropriated to various accounts.

Recommend that Twenty Eight Thousand Dollars And No Cents ($28,000.00) be transferred from Account # 900-92000, City Manager's Contingency, and appropriated the accounts listed on the City Clerk's letter to cover the costs associated with the certifying of the initiative petitions for the 2016 election and the recount of the ballots from the November 3, 2015 election:.

Transmitting informational communication relative to the 2016 Festival of Lights.

Transmitting Informational Communication Relative to the City's Sidewalk Snow and Ice Removal Ordinance.

#8.23A June 9, 2015 Communication of the City Manager transmitting informational communication relative to an estimated assessor's tax recap using the proposed FY16 tax levy with current real estate assessed values and actual FY15 assessed values.

#8.28A June 9, 2015 Communication of the City Manager transmitting informational communication relative to the Bond Anticipation Notes (BAN) rating.

#9.24A June 23, 2015 Communication of the City Manager transmitting informational communication relative to the FY16 Capital Improvement Plan.

#11a CC November 10, 2015 Communication of the City Auditor transmitting unaudited financial reports on the budgetary basis for results of operations in Fiscal Year 2015 for the General and Enterprise Funds (Schedules A through B-3). Also attached are summaries of the activities in the Special Revenue, Capital Project, Debt Service and Trust Funds (Schedules C-1 through C-5).

Amending Chapter 8, Section 3 of the Revised Ordinances of 2008 concerning the Distribution and Use of Tobacco Products.

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)

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)

ORDER of Councilor Gary Rosen and Councilor Philip P. Palmieri - Request City Manager inform City Council as to whether he and other representatives from the city intend to meet with the owners of the Pawtucket Red Sox to see if they have any interest in relocating to Worcester. (Tabled - Gaffney September 29, 2015)

ORDER of Councilor Morris A. Bergman - Request City Manager request the City Solicitor provide City Council with a report concerning the status of the Home Rule Petition draft to aid Joseph Tortorelli as a result of errors made by the city of Worcester in applying tax payments. (Tabled - Bergman September 29, 2015)

ORDER of Councilor Konstantina B. Lukes request City Manager report on what plans are being formulated to defund Mosaic Cultural Center for failing to comply with state and federal wage laws and other non compliant actions, including inadequate delivery of services pursuant to their participation in the Prevention and Wellness Trust. (Tabled - Lukes November 17, 2015)

COMMUNICATION of the City Auditor transmitting communication regarding an audit of the administration of the Prevention and Wellness Trust Fund (PWTF) grant for all eleven organizations receiving funds. (Tabled Under Privilege - Lukes October 27, 2015 and November 10, 2015; Tabled - Petty November 17, 2015)

Motion Rushton @ #7a & 7b - That the tax rate for Fiscal Year 2016 be set at $21.23 for Residential Property and $32.45 for Commercial, Industrial and Personal Property.

Motion Petty @ #7a & 7b CC - That the tax rate for Fiscal Year 2016 be set at $20.98 for Residential Property and $33.07 for Commercial, Industrial and Personal Property.

Motion Russell @ #7a & 7b CC - That the tax rate for Fiscal Year 2016 be set at $20.59 for Residential Property and $34.03 for Commercial, Industrial and Personal Property.

Motion Russell @ #7a & 7b CC - Request City Manager request the City Assessor to provide City Council, when discussing the budget, with a table that compares assessed values for properties.

Motion Lukes @ #7a & 7b CC - That the tax rate for Fiscal Year 2016 be set at $19.51 for Residential Property and $36.70 for Commercial, Industrial and Personal Property.

Motion Toomey @ #7a & 7b CC – Request City Manager request the City Solicitor to provide City Council with a legal opinion as to the process necessary to reduce the interest rate that is offered for deferred payment for assessed properties. (Toomey)

Motion Gaffney @ #7a & 7b CC - Request the City Manager look into the feasibility of a multiple year budgeting plan.

Motion Rushton – Suspension of Rules - Request City Manager continue the efforts of the Worcester Police Department by offering any necessary support to the city’s Muslim community.

Motion Petty – Suspension of Rules - Request City Manager implement the free holiday parking in downtown.

PETITION – Councilor Kathleen M. Toomey request Minthorne St. be repaved.

PETITION – Councilor Tony Economou on behalf of the Dion Family request installation of a “Blind Driveway” sign in the vicinity of 32 Tyson Rd.