CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 9, 2016

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 8:25 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 January 26, 2016.

Mayor Petty recognized the following speakers:
1. John Provost, Worcester resident
2. Idella Hazard, Worcester resident
3. Leonard Zalauskas, Worcester resident
4. William Breault, Worcester resident

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

Denise Healey request installation of replacement shade trees in the Burncoat area lost due to the Asian Longhorn Beetles.

Craig Blais, President New Garden Park, Inc., request to discontinue and remove from the official city map the area known as Winter St. Court.

Jo Hart request a better protocol for the interested public to interact with City Council to achieve a more productive solution to public problems, to actually have conversations together in the public sphere, acknowledging problems before having a speaker removed by police.

Tina Parousis et al request installation of granite street curbing for the entire length of Columbus St.

Steven Dyer request sidewalk repair in front of 16 Monticello Dr.

Denise Healey request installation of new cement sidewalks with high granite curbing on Burncoat St., which provide openings for replacement trees.

Denise Healey request installation of high granite curbing on Bluehill Rd.

Sandra Case request Williamsberg Dr. be resurfaced.

Sandra Case request public portion of Outlook Dr. be resurfaced.

Dawn Foster request removal of handicap parking space across from 18-20 Blanche St.

Janet Santos on behalf of Prudenciana Simo request installation of handicap parking space in front of 9 Merrick St.

Jennifer Laporte request installation of resident permit parking on Chrome St. from Orient St. to Wall St.

Councilor Candy Mero-Carlson on behalf of Cary Macaruso request installation of handicap parking space and driveway clearance signage on either side of the driveway in front of 31 Marsh Ave.

Councilor Candy Mero-Carlson request installation of temporary crosswalk in front of 40 Belmont St. (Belmont Towers) during the reconstruction of the bridge and roadway.

William S. Coleman, III request City Council have City Administration consider having a removable, wooden, parquet floor placed in our winter ice skating oval for spring and fall roller skating.

Denise Healey request elimination of permits for nighttime sporting events on Burncoat St. in the name of charity.

Denise Healey request removal of granite borders placed by the City onto private properties on Plantation St., and placed instead in a City park.

Denise Healey request removal of large planters clumped together on Plantation St.

Denise Healey request the targeted second "makeover" of Shrewsbury St. be placed on hold until other city streets have had their first "makeover".

William S. Coleman request City Council acknowledge and inform our citizens that on February 29, 2016 our City will turn 168 years old - having been first established as a City on February 29, 1848.

William S. Coleman, III request City Council recognize Black History Month 2016 in the City of Worcester with a mention of the early community leaders who have contributed to the growth of our great and diverse City.

Recommend reappointment of Ken Asafo-Adjei and Jesse Gibson to the Citizens Advisory Council.

Recommend appointment of Amanda Gregoire, Deborah Hall and Jennifer Maddox to the Advisory Committee on the Status of Women.

Recommend appointment of Nicola D'Andrea to the Community Development Advisory Board.

Transmitting informational communication relative to two Fire Department Open Houses to learn the process of becoming a firefighter.

Recommend adoption of an Order of Taking relative to 456 Franklin Street.

Transmitting communication relative to the MSBA and Flagg Street School, Francis J. McGrath Elementary School, Grafton Street School, and Jacob Hiatt Magnet School.Refer to CCM Item 8.35A

Transmitting informational communication relative to the November 2015 Keep Worcester Clean (KWC) Activity Report.

Transmitting informational communication relative to Coes Knife Park Universally Accessible /Multigenerational Playground and Park.

Transmitting informational communication relative to a Home Rule Petition to protect our neighborhoods that would expand the subject matter and remedies under Mass. Gen. Laws Chapter 139 Section 19 (Voiding of Lease of Tenant using Premises for Common Nuisance) and Mass. Gen. Laws Chapter 139 Section 20.

Transmitting informational communication relative to a legal opinion on Open Meeting Law notice of meeting requirements.

Transmitting informational communication relative to an update on the status of homelessness.

Transmitting informational communication relative to the Sharps Policy & Public Awareness Campaign.

Transmitting informational communication relative to an update for opioid overdose prevention activities.

Recommend adoption of an order to authorize the lease of space at the Worcester Senior Center.

Recommend adoption of an Order to submit Statements of Interest to the Massachusetts School Building Authority for Belmont Street Community School, Chandler Elementary Community School, Gerald Creamer Center and Wawecus Road School.

Recommend adoption of an Order to submit Statements of Interest to the Massachusetts School Building Authority for Doherty Memorial High School, Burncoat High School and Worcester East Middle School.

Transmitting informational communication relative to the five year financial forecast.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7133B, Water Mains, and be appropriated to DPW Account #45C750, Water System Security, to allow for the payment of current and future obligations.

Recommend that One Hundred Twenty Five Thousand Dollars And No Cents ($125,000.00) 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 site improvements at Elm Park, phase 4, which is 70% complete.

Recommend that Two Hundred Seventy Seven Thousand Three Hundred Twenty Dollars And No Cents ($277,320.00) be transferred from Account #91C7800A, City Wide Capital Equipment, to Account #15C701, Elections Capital Equipment, when and as received, to pay for invoices associated with Vote Tabulators/Scanners and software.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C7413Q, 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 Twenty Eight Thousand Three Hundred Fifty Dollars And No Cents ($28,350.00) be transferred from Account #91C780d, Police Capital Equipment, to Account #25C701, Police Equipment.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Eight Hundred Eighty Dollars And No Cents ($880.00) from the Friends of Worcester Public Library.

Recommend adoption of a resolution to accept with gratitude a donation from Skyhawks Sports Academy, Inc. in the amount of Ninety Dollars and No Cents ($90.00).

Recommend adoption of a resolution to accept a donation of tools valued at Seventeen Hundred Dollars and No Cents ($1,700.00) from an anonymous donor for use by the Worcester Fire Department.

Recommend adoption of a resolution to accept a donation of lumber valued at Eight Hundred Forty Four Dollars and No Cents ($844.00) from The Home Depot for use by the Worcester Fire Department.

Recommend adoption of a resolution to accept a donation of equipment valued at Five Thousand Dollars and No Cents ($5,000.00) from the Eagle Leasing Company for use by the Worcester Fire Department.

Recommend adoption of a resolution to accept a donated award of Two Hundred Dollars and No Cents ($200.00) from the Massachusetts Cultural Council for the successful nomination of a 2016 Gold Star Project Award recipient.

Recommend adoption of a resolution to file and accept file and accept FFY 16 Sustained Traffic Enforcement Program (STEP) Grant in the amount of One Hundred Twenty Five Thousand Dollars and No Cents ($125,000.00).

Recommend adoption of a resolution to accept, expend, and allocate a grant of Five Thousand Dollars and No Cents ($5,000.00) from the Massachusetts Cultural Council's Cultural District Initiative to the American Antiquarian Society as the fiscal agent of the Salisbury Cultural District for the implementation of a marketing plan.

Recommend adoption of a resolution to file and accept a grant in the amount of Six Hundred Dollars and No Cents ($600.00) from the Worcester Arts Council to the Worcester Senior Center for use with Memorial Day remembrance.

Recommend adoption of a resolution to file and accept a grant from the National Fish and Wildlife Foundation's Five Star & Urban Waters program in the amount of Twenty Nine Thousand Nine Hundred Forty One Dollars and Fifty Five Cents ($29,941.55.00) for use at Indian Lake.

Recommend adoption of a resolution to file and accept a grant from the Massachusetts Department of Public Health's Bureau of Substance Abuse Services in the amount of Four Hundred Twenty Five Thousand Dollars And No Cents ($425,000.00).

Recommend adoption of a resolution to file and accept a grant of up to Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) from the Massachusetts Executive Office of Energy and Environmental Affairs's Division of Conservation Services for the Land and Water Conservation Fund Program to renovate Betty Price Playground.

Recommend that Sixteen Thousand Seven Hundred Sixty One Dollars And No Cents ($16,761.00) be transferred from Account #04T803, OPEB Trust Reserve, and be appropriated to Account #663-96000, Health Insurance, to provide funding for Fiscal Year 2016 second quarter health insurance expenses for Airport retirees, per the request of Thomas F. Zidelis, Chief Financial Officer.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account #33S609, Jenny Bond Donation, to Account #04S655, Recreation Worcester Afterschool.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Account #33S603, Hoche Scofield Donation, to Account #04S655, Recreation Worcester Afterschool, to support the use of school facilities after school hours.

Recommend adoption of a Loan Order in the amount of Six Million Forty Two Thousand Dollars And No Cents ($6,042,000.00) be appropriated to 4 Accelerated Schools to fund building improvement projects as detailed.Refer to CCM Item 8.5B

REPORT OF THE PLANNING BOARD Upon the Petition of Gilberto Ledesma of L'Omatic Realty Trust request to extend BG-3.0 zone line to include all of 124 Chandler St.

REPORT OF THE PLANNING BOARD Upon the Petition of 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).

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager recommending adoption of amendment to zoning ordinance map extending the BG-6.0 Zoning District to fully encompass the Worcester Auditorium and former Worcester County Courthouse parcels.

That the City Treasurer, with the approval of the City Manager, is hereby authorized to issue refunding bond or notes of the City under and pursuant to Chapter 44, Section 21A of the General Laws, or any other enabling authority, for the purpose of refunding all or a portion of the outstanding amounts of the following bond issues of the City (the Refunding Bonds)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of William Sylvester and Paul Towler request the BG-2 zone be extended to include the entire parcel at 1023 Main St., the American Legion Main South Post 341: recommend passage of the accompanying proposed Ordinance. (Tabled Under Privilege - Lukes February 2, 2016)

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)

PETITION of Todd Holland request the City Council Calendar available on the City Government web site provide the following: 1) Under description a full and accurate synopsis be placed to properly inform all citizens of the true & accurate purpose of said meeting. 2) Under the Heading of "More Information" a link is provided to available agenda and purpose of meeting. 3) All meeting minutes be available on line in a timely manor and to include accurate details on presenters, attendees and attachments of any proposed plans. 4) A more efficient format making it easier to navigate using a graphical user interface friendly to people who lack full computer literacy. (Tabled - Economou January 12, 2016)

PETITION of Todd Holland request all City of Worcester agendas include the name of the specific person(s) or department presenting on each item in a given agenda. (Tabled - Economou January 12, 2016)

COMMUNICATION of the City Manager transmitting informational communication relative to a presentation on the Gun Buyback Program. (Held as First Item of Business - Gaffney January 26, 2016) (Tabled - Petty February 2, 2016)

Councilor Michael T. Gaffney will present proposals regarding the budget. (Tabled - Gaffney February 2, 2016)

COMMUNICATION of the City Manager transmitting informational communication on a quarterly update relative to the City of Worcester’s plan to implement improved strategies and policies that better serve and represent our diverse community. (Tabled Under Privilege - Lukes January 26, 2016) (Tabled - Petty February 2, 2016)

ORDER of Councilor Michael T. Gaffney @ #6a CC - Request City Manager request the Police Chief prepare a graph comparing shooting and stabbing incidents to show if the utilization of Shot Spotter has influenced weapon choice. - #15a Order adopted

ORDER of Councilor George J. Russell @ #6a CC - Request City Manager report to City Council as to when outside funding for Shot Spotter is ending and has this program proved useful enough for the city to assume the entire funding of the program. - item #15b Order adopted

ORDER of Councilor Konstantina B. Lukes @ #9g CC – Request City Manager develop a protocol for conducting random audits for all grants and further, report who is receiving as employees monies from all the city involved grants. Item #15c Order adopted

ORDER of Councilor Kathleen M. Toomey @ #9g CC – Request City Manager consider providing support or training programs, perhaps in collaborations with our local colleges, for those applying for grant funding. Item #15d Order adopted

ORDER of Councilors Lukes & Toomey – Request City Manager request the City Solicitor report what are the consequences of an employer such as Mosaic Cultural Center for not complying with a court order requiring child support payroll deductions for one their employees. Further, request the City Solicitor report as to how would the city be aware if an outside agency is or is not in compliance with any court orders for child support. - Item #15e Order adopted

ORDER of Councilor Gaffney – Suspension of Rules – Request the Standing Committee on Rules and Legislative Affairs consider limiting the speaking time for the city administration. - item #15f Referred to Rules and Legislative Affairs Committee

Motion Lukes @ #8.13A CM - Request City Manager make available backup materials relevant to any presentation or item that requires further explanation at the same time it is placed on the agenda for City Council.