CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 5, 2016

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 8:14 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Mayor Joseph M. Petty read a Proclamation declaring the month of April, 2016 as Sexual Assault Awareness Month in the City of Worcester. The Proclamation was presented to Kim Dawkins, who is the Executive Director for Pathways for Change, Inc. Further, Mayor Petty recognized the Hound Sound Acapella Group from Assumption College, which sung the song ‘Til It Happens to You, as performed by Lady Gaga, which was written by a survivor of sexual assault.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of March 22, 2016.

Melissa Gibbons request sidewalk repair in front of 3 Thorndyke Rd.

Diane Laplant request to repave the section of Otsego Rd., between Forest St. and Monadnock Rd.

Harry Klane request the flashing red lights at the intersection of June St. and May St. and Chandler St. and June St. flash red in both directions after midnight.

Digna Rodriguez request installation of resident permit parking in Norwood St. from Main St. to Woodland St.

Udeth Rosario request installation of a bus stop at the corner of Hammond St. and Tainter St.

Demetrius Rutling request removal of the handicap parking space in front of 60 Providence St.

NATIONAL GRID for manhole and duct system at: HIGHLAND AND HAVILAND ST.

NATIONAL GRID for conduit and pole location at: NEVADA ST.

William S. Coleman III request City Council have City Administration look into having a bank rent space for placement of a ATM machine for the convenience of the public and employees in City Hall.

Transmitting informational communication relative to the appointment of Robin Bahr Casey to the Elder Affairs Commission.

Recommend appointment of Joseph Prochilo and reappointments of Robert Bureau and Douglas Russell to the Commission on Disabilities.

Transmitting informational communication relative to private properties and their Affordable Housing status.

Recommend adoption of an order to execute a restrictive Covenant Agreement relative to the Commercial Street Parking Garage.

Transmitting informational communication relative to a public presentation of a portion of the Worcester Wayfinding - Story & Culture Project on Tuesday, April 12, 2016 from 5:30 to 6:30pm at the Worcester Historical Museum.

Transmitting informational communication relative to the FY17 Water and Sewer Rate recommendation.

Transmitting informational communication relative to sewer connection fees and recommendations.

Transmitting informational communication relative to an update of the Lake Avenue North slope failure.

Transmitting informational communication relative to the status of ALB infestations and program response in Worcester.

Transmitting informational communication relative to a status report concerning the appeal of the National Pollutant Discharge Elimination System (NPDES) 2008 discharge permit that was issued by the Environmental Protection Agency.

Transmitting informational communication relative to the state of the Worcester Water Supply System.

Recommend adoption of a draft amendment relative to the Non-Criminal Disposition Ordinance to provide enforcement of the Food Truck Ordinance.

Transmitting informational communication relative to a legal opinion as to whether or not an established food truck’s location must be moved if and when a new brick and mortar business moves into the same area.

Transmitting informational communication relative to substance abuse prevention activities.

Transmitting informational communication relative to the 2nd Annual Region 2 Health and Medical Emergency Preparedness Conference, which will be held on May 16, 2016, from 8:00 AM to 4:00 PM, at the College of the Holy Cross Ballroom.

Transmitting informational communication relative to the 14th Annual MCPHS University Health Fair on the City Hall Plaza on Tuesday, April 12, 2016, from 9:00 AM to 4:00 PM.

Transmitting informational communication relative to a Foreclosed Tax Title Auction to be held on April 21, 2016 at 10:00 a.m. in Room 401 at Worcester City Hall for the attached property locations.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C745, 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 One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C7392A, Sewer Drainage, and be appropriated to DPW Account #44C761, Surface Drainage, to allow for the payment of current and future obligations.

Recommend that Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Loan Account #91C713A, Water Mains, and be appropriated to DPW Account #45C721, Water Mains, to allow for the payments of current and future obligations.

Recommend that Eight Thousand Fifty Dollars And No Cents ($8,050.00) be transferred from Loan Account #91C731A, Water Capital Equipment, and be appropriated to DPW Account #45C703, Water Capital Equipment, when and as received, to allow for the purchase and future payment of this equipment.

Recommend that Fifty Six Thousand Five Hundred Dollars And No Cents ($56,500.00) be transferred from Account #91C7124, WRA Urban Renewal, and be appropriated to Account #04C7110C, Urban Renewal, to fund expenses associated with the Theatre District Urban Renewal Plan.

Recommend that Nineteen Thousand Twenty Five Dollars And Forty Cents ($19,025.40) be transferred from Loan Account #91C731A, Water Capital Equipment, and be appropriated to DPW Account #45C703, Water Capital Equipment, when and as received, to allow for the purchase and future payment of this much needed equipment for the Water Division.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C7113C, Building Rehabilitation School MSBA Nelson Place, and be appropriated to Account #41C780, Nelson Place School, to allow for the reduction of current debt.

Recommend that Two Hundred Sixty Two Thousand Ninety Five Dollars And No Cents ($262,095.00) be transferred from Loan Account #91C711E, Public Schools Rehab, and be appropriated to Account #41C713, Union Hill School, to allow for the reduction of current debt.

Recommend that One Hundred Eighty Five Thousand Two Hundred Eighty Nine Dollars And No Cents ($185,289.00) be transferred from Loan Account #91C711E, Public Schools Rehab, and be appropriated to Account #41C714, West Tatnuck School, to allow for the reduction of current debt.

Recommend that Two Thousand Five Hundred Eighty Six Dollars And Thirty Five Cents ($2,586.35) be transferred from Account # 91C780K, Citywide Capital Equipment, to Account # 34C701, Elder Affairs Equipment.

Recommend that One Hundred Sixty One Thousand Dollars and No Cents ($161,000.00) be transferred from Loan Account 91C7114, Citywide Building Rehabilitation, to various City Messenger Energy and Asset Management (EAM) Project Accounts.

Recommend that Six Hundred Ten Thousand Seven Hundred Eighty Eight Dollars And No Cents ($610,788.00) be transferred from Loan Account #91C711E, Public Schools Rehab, and be appropriated to Account #41C715, Goddard School Science & Technology, to allow for the reduction of current debt.

Recommend that Two Hundred Forty One Thousand Eight Hundred Twenty Eight Dollars And No Cents ($241,828.00) be transferred from Loan Account #91C711E, Public Schools Rehab, and be appropriated to Account #41C716, Clark St School, to allow for the reduction of current debt.

Recommend adoption of an Order to accept a gift of a mural from the YWCA Central Massachusetts Corporation.

Recommend adoption of a resolution to accept with gratitude a donation of Nine Thousand Twenty-Five Dollars and No Cents ($9,025.00) from the Worcester Public Library Foundation, for use with the 2016 Summer Reading Program.

Recommend adoption of a resolution to file and accept a Council on Aging Service Incentive Grant from the Massachusetts Executive Office of Elder Affairs in an amount of Twenty Nine Thousand Eight Hundred Eighty Eight Dollars And No Cents ($29,888.00).

Recommend adoption of a resolution to apply for, accept and expend funds from the US Department of Labor's Summer Jobs and Beyond: Career Pathways for Youth Grant in the amount of One Million Three Hundred Forty-Four Thousand One Hundred and Eighty Dollars and No Cents ($1,344,180.00).

Recommend that council item 9.33B on December 15, 2015, in the amount of Twenty Two Thousand Four Hundred Twenty Five Dollars And Seven Cents ($22,425.07) be rescinded. Further recommend that Eight Thousand Five Hundred Dollars and no cents ($8,500.00) be transferred from account #150-91000, Elections Personal Services, and appropriated to account #900-92000, City Manager's Contingency, as surplus from the Primary Election.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Account #900-92000, Contingency, to Account #172-96099, Unemployment Insurance to cover unemployment costs.

Transmitting informational communication relative to an invitation to the “Clean Team” Spring Neighborhood Cleanup in the Lincoln Street Neighborhood on Saturday, April 23 from 9:00 AM to 12:00 PM.

That the Loan Order of this Council adopted on July 21, 2015 which authorized the borrowing of the sum of Two Million Five Hundred Sixty Thousand Dollars and No Cents ($2,560,000.00), to pay for costs associated with improvements to Parks buildings throughout the City, is hereby amended in its entirety to read as follows: ORDERED: That the sum of Two Million Five Hundred Sixty Thousand Dollars And No Cents ($2,560,000.00) be appropriated to Account #91C711C, Building Rehabilitation Parks, to pay for costs associated with improvements to Parks buildings throughout the City, including the costs incidental and related thereto.

That the Loan Order of this Council adopted on September 29, 2015 which authorized the borrowing of the sum of One Million Three Hundred Twenty Five Thousand Dollars and No Cents ($1,325,000.00), to pay for feasibility study costs associated with the South High School Project, is hereby amended in its entirety to read as follows: ORDERED: That the sum of One Million Three Hundred Twenty Five Thousand Dollars And No Cents ($1,325,000.00) be appropriated to Account #91C7113L, MSBA Rehabilitation South High, to pay for feasibility study costs associated with the South High School Project located at 170 Apricot Street, Worcester, including the payment of all costs incidental and related thereto (the “Project”) and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of One Million Three Hundred Twenty Five Thousand Dollars And No Cents ($1,325,000.00) under and pursuant to Chapter 44, Section 7, clause (3A) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. The City acknowledges that the MSBA’s grant program is a non-entitlement discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA on account of the project shall not exceed the lesser of (i) seventy eight and ninety five hundredths percent (78.95%) of the eligible approved project costs, as determined by the MSBA, or (ii) the total maximum grant amount determined by the MSBA, and the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement or Agreements relating to the Project that may be executed between the City and the MSBA.

That the Loan Order of this Council adopted on July 21, 2015 which authorized the borrowing of the sum of Eight Million Three Hundred Fifty Thousand Dollars and No Cents ($8,350,000.00), for the purpose of paying costs associated with the Street Construction, is hereby amended in its entirety to read as follows: ORDERED: That the sum of Eight Million Three Hundred Fifty Thousand Dollars And No Cents ($8,350,000.00) be appropriated to Account #91C7414, Street Construction, to pay for costs associated with the Street Construction, including the costs incidental and related thereto.

That the Loan order of this Council adopted on July 21, 2015 which authorized the borrowing of the sum of Two Million Seven Hundred Thousand Dollars and No Cents ($2,700,000.00), for the purpose of paying costs associated with Water infrastructure, is hereby amended in its entirety to read as follows: ORDERED: That the sum of Two Million Seven Hundred Thousand Dollars and No Cents ($2,700,000.00) be appropriated to Account #91C7134, Water Mains, to pay for cost associated with Water infrastructure, including the costs incidental and related thereto,

That the Loan Order of this Council adopted on July 21, 2015 which authorized the borrowing of the sum of Four Million Dollars and No Cents ($4,000,000.00), for the purpose of paying costs associated with Water infrastructure, is hereby amended in its entirety to read as follows: ORDERED: That the sum of Four Million Dollars and No Cents ($4,000,000.00) be appropriated to Account #91C7134, Water Mains, to pay for cost associated with Water infrastructure, including the costs incidental and related thereto.

That the Loan Order of this Council adopted on June 10, 2014 which authorized the borrowing of the sum of One Million Two Hundred Thousand Dollars and No Cents ($1,200,000.00), to fund improvements to reservoirs, is hereby amended in its entirety to read as follows: ORDERED: That the sum of One Million Two Hundred Thousand Dollars And No Cents ($1,200,000.00) be appropriated to Account #91C7384, Reservoir Rehabilitation, to fund improvements to reservoirs, including the costs incidental and related thereto.

That the Loan Order of this Council adopted on July 21, 2015 which authorized the borrowing of the sum of One Million Seven Hundred Thousand Dollars And No Cents ($1,700,000.00), to fund improvements to reservoirs, is hereby amended in its entirety to read as follows: ORDERED: That the sum of One Million Seven Hundred Thousand Dollars And No Cents ($1,700,000.00) be appropriated to Account #91C7384, Reservoir Rehabilitation, to fund improvements to reservoirs, including the costs incidental and related thereto.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the 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.: recommend to Accept of the Planning Board Report and recommend passage of the accompanying proposed Ordinance. (Tabled Under Privilege - Petty March 29, 2016)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the 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): recommend to Not Accept the Planning Board Report and recommend passage of the accompanying proposed Ordinance. (Tabled Under Privilege - Petty March 29, 2016)

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)

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)

PETITION of Denise Healey request removal of granite borders placed by the City onto private properties on Plantation St., and placed instead in a City park. (Tabled - Mero-Carlson February 9, 2016)

PETITION of Denise Healey request removal of large planters clumped together on Plantation St. (Tabled - Mero-Carlson February 9, 2016)

PETITION of Denise Healey request the targeted second "makeover" of Shrewsbury St. be placed on hold until other city streets have had their first "makeover". (Tabled - Mero-Carlson February 9, 2016)

ORDER of Mayor Joseph M. Petty @ #10a CC – Request City Manager provide City Council with a report regarding all the fee structures for the City’s parks. - Item #18a Order adopted

ORDER of Mayor Joseph M. Petty @ #10q CC – Request City Manager provide City Council with a report concerning the feasibility of widening Shrewsbury St. Item #18b Order adopted

ORDER of Councilor Kathleen M. Toomey @ #10q CC – Request City Manager provide City Council with a report regarding whether or not the City could increase the lumens in the street lights on Shrewsbury St., as well as the cost of implementation. Item #18c Order adopted

ORDER of Councilor Candy Mero-Carlson @ #10q CC – Request City Manager provide City Council with a report concerning how the City can prevent fatal accidents on main thoroughfares. Item #18d Order adopted

ORDER of Councilor Konstantina B. Lukes @ #12a CC – Request City Auditor provide City Council, in two weeks, with a report concerning recommendations as to where cuts can be made in the City’s budget. Item #18e Order adopted

ORDER of Councilor Khrystian E. King – Suspension of Rules – Request City Manager request the Chief of Police provide foot patrols in the Water St. neighborhood, during the local business’ closing hours, in the interest of public safety. Item #18f Order adopted

Motion Russell @ #7.5B CM – Request City Manager provide City Council with a report detailing what would occur if the Water and Sewer rate recommended for FY17 was not granted. Further, request City Manager provide City Council with information concerning negotiations with the Environmental Protection Agency (EPA) over restrictions for sewage work that needs to be done at the Upper Blackstone Pollution Abatement District (UBWPAD).

Motion Lukes @ #7.7A CM – Request City Manager request Commissioner of Public Works and Parks provide City Council with a report concerning the number of trees replaced as a result of the ALB infestation that have not survived.

Motion Gaffney – Suspension of Rules – Request City Manager provide City Council with feedback in regards to what actions were taken to prevent street plowing failures during snowstorms.