CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 8, 2015

Esther Howland Chamber

Convened: 7:05 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 24, 2015.

Hearing: NATIONAL GRID for a conduit location in: IMPERIAL RD & SHREWSBURY ST. Granting permission to NATIONAL GRID for a conduit location in: IMPERIAL RD & SHREWSBURY ST.

COMMUNICATION of the City Manager recommending City Council’s review, deliberation and adoption of an Order relative to the Elderly Exemption Program. (Tabled Under Privilege - Rushton November 24, 2015 & Tabled Under Privilege - Economou December 1, 2015)

COMMUNICATION of the City Manager recommending City Council's authorization of the use of the Revolving Fund Accounts in Fiscal Year 2016, at the limits in each account. (Tabled Under Privilege - Rushton November 24, 2015 & Tabled Under Privilege - Economou December 1, 2015)

COMMUNICATION of the City Manager recommending 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. (Tabled Under Privilege - Rushton November 24, 2015 & Tabled Under Privilege - Economou December 1, 2015)

COMMUNICATION of the City Manager transmitting informational communication relative to the Fiscal Year 2016 Tax Classification. (Tabled for Hearing November 10, 2015; Tabled Under Privilege - Rushton November 24, 2015 & Tabled Under Privilege - Economou December 1, 2015)

VOTE TO SET TAX RATE FOR FY2016 (Tabled Under Privilege - Rushton November 24, 2015 & Tabled Under Privilege - Economou December 1, 2015)

MOMENT OF SILENCE: For the fourteen people who were tragically murdered in San Bernardino, CA; and For Rita Croteau who passed away last week. She was the very first person to be named Worcester’s Teacher of the Year as well as the first Massachusetts Teacher of the Year for her dedication and innovative approach to educate home-bound children.

Mayor Petty recognized the presence of Boy Scout Troop 37 from Christ the King Church; they were here to work on their citizenship badge.

Jonathan Finkelstein, Esq. on behalf of Gilberto Ledesma and L'Omatic Realty Trust request that the property located at 126 Chandler St. be removed from the Commercial Corridors Overlay District (CCOD).

Rita Coffey et al request Brandon Rd. be repaved.

Jane Shea request sidewalk repair in front of 10 Ardmore Rd.

VERIZON NEW ENGLAND INC. for a conduit location in: PLANTATION ST./DELL AVE.

William S. Coleman, III request City Council ask City Administration to remind all Worcester residents and guests to be careful as the day gets darker in the early evening, and further, dress in a way that they can be seen when they cross City streets.

William S. Coleman, III request City Council have the City Administration encourage all businesses to get a free energy audit from Mass. Save and reduce their energy costs through their LED Light Conversion Program.

William S. Coleman, III request City Council and City Administration encourage all city residents to keep our City safe by looking out for each other and to report suspicious activities to our Police Department this holiday season.

Recommend appointment of Joseph Carlson to the Worcester Housing Authority.

Transmitting informational communication relative to the monitoring of CDBG Funded Activities.

Transmitting informational communication relative to the quarterly update report of Economic Development Initiatives.

Transmitting informational communication relative to the Master Plan Initiative for Improvements to Harrington Way.

Recommend adoption of an Order to authorize a lease for food and beverage concessions at the Green Hill Municipal Golf Course.

Transmitting informational communication relative to a legal opinion as to who has jurisdiction of items between the City Council and the Board of Health.

Transmitting informational communication relative to the City's recent bond rating status.

Recommend that Thirty Nine Thousand Three Hundred Ninety Two Dollars And Fifty Two Cents ($39,392.52) be transferred from Account #91C780H, Citywide Capital Equipment Holding Account to Account #55C701-93001, Library Equipment, when and as received .

Recommend that Three Hundred Ninety Thousand Dollars And No Cents ($390,000.00) be transferred from Reserve Revenue Account #330-10, Sewer Connection Permit Fees, and be appropriated to Sewer Account #44012213-93501, Cambridge Street Sewer, to allow for final obligations associated with the Cambridge Street Sewer project to be met.

Recommend that Two Hundred Seventy Five Thousand Dollars And No Cents ($275,000.00) be transferred from Loan Account # 91C784S, Elm Park, and be appropriated to Parks Account # 72C70220, Elm Park, to allow for current and anticipated contractual obligations for Phase 4 Elm Park Improvements.

Recommend that Eight Hundred Seventy Five Dollars And Forty Eight Cents ($875.48) be transferred from Account #91C780B, Capital Equipment Fire, to Account #26C701, Worcester Fire Department Capital Equipment, when and as received.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Loan Account # 91C7843F, Park Improvements Castle Park, and be appropriated to Parks Account # 72C70237, Castle Park, to allow for current and anticipated contractual obligations for design and demolition at Castle Park.

Recommend adoption of a resolution to file and accept a FY 2016 Regional Emergency Communications Center Development Grant in the amount of Six Hundred Seventeen Thousand Eight Hundred Fifty Six Dollars and Seventy Nine Cents ($617,856.79) from the Massachusetts Executive Office of Public Safety and Security.

Recommend adoption of a resolution to file and accept a 2015-2016 Hazardous Materials Emergency Preparedness (HMEP) grant from the Massachusetts Emergency Management Agency in the amount of Two Thousand Two Hundred Dollars and No Cents ($2,200.00).

Recommend adoption of a resolution to file and accept funding of up to Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) through the Commonwealth of Massachusetts’ Urban Agenda Grant Program of the Massachusetts Executive Office of Housing and Economic Development to establish an employment training and support project.

Transmitting informational communication relative to current opportunities to volunteer on the City's boards and commissions.

Transmitting informational communication relative to an update of the Quality of Life Taskforce.

Transmitting informational communication relative to donations from City employees during the 2015 Holiday season.

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

Robert V. Stearns, City Auditor, transmitting communication regarding compliance and noncompliance of each participating entity in the Prevention and Wellness Trust Fund grant.

Amend the Salary Ordinance of August 20, 1996 relative to members of Local 504, IBPO, Worcester Police Officials

Amend the Compensation of the Cultural Development Officer.

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 Petty @ #6e CC - That the tax rate for Fiscal Year 2016 be set at $20.99 for Residential Property and $33.04 for Commercial, Industrial and Personal Property.

Motion Rosen @ #6e CC - That the tax rate for Fiscal Year 2016 be set at $20.61 for Residential Property and $33.98 for Commercial, Industrial and Personal Property.

Motion Lukes @ #12a CC – Request City Manager update City Council in January 2016 as to the status of the participating entities in the Prevention and Wellness Trust Fund grants, specifically Mosaic, for compliance or non-compliance with the latest requirements.

Motion Rushton @ #12a CC - Request City Auditor provide City Council with a methodology of what he thinks is appropriate for determining when and how an audit should be conducted and how often.

PETITION - Councilor Tony Economou on behalf of Joe Pagano request installation of "No Left Turn" sign in Millbrook St. at Lazelle St.

Motion Rivera - Suspension of Rules - Request Commissioner of Public Works & Parks repair city streetlight across from 29 Merrick Street which has not been operable for four months.

PETITION - Councilor Sarai Rivera on behalf of George LaRonde request installation of handicap ramping and crosswalk in the vicinity of 5 and 6 Crystal St.

Motion Rivera - Suspension of Rules - Request Commissioner of Public Works & Parks repair pot hole in sidewalk at the corner of Larch and Merrick Streets, DPW&P hotline reference number 1533917.

Motion Palmieri – Suspension of Rules – Request the Commissioner of Public Works & Parks add Dean St., Ellsmere St., Hooper St. from Belmont St. to Mount Vernon St. and Mulberry St. from Shrewsbury St. to East Central St. to the Street Resurfacing List for Fiscal Year 2017 and 2018.

Motion Rushton - Suspension of Rules - Request the Mayor recognized Bob Mahoney at the December 15, 2015 City Council meeting for his efforts in organizing for over twenty years the Worcester Youth Football annual banquet.