CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 24, 2016

Esther Howland Chamber

Convened: 7:14 P.M.

Adjourned: 9:09 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

MOMENT OF SILENCE for Auburn Police Officer Ronald Tarentino, Jr. who was killed in the line of duty.

Mayor Joseph M. Petty read a proclamation declaring the week of May 21-27, 2016 as National Safe Boating Week. The proclamation was presented to Mark Wilson, Flotilla 10-1 Commander, Mary Bentley Flotilla 10-1 Vice Commander Paul Fontaine, Division 10 Commander and Michael Mulryan, Division 10 Vice Commander.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of May 10, 2016.

Mayor Petty recognized the following speakers: 1. William Breault, Worcester resident 2. Idella Hazard, Worcester resident 3. Colin Novick, Worcester resident 4. Jo Hart, Worcester resident 5. John Provost, Worcester resident 6. Mauro DePasquale, Worcester resident 7. Barbara Lucci, Worcester resident 8. Florence Lucci, Worcester resident 9. Stuart Loosemore, Leicester resident 10. Philip Palmieri, Worcester resident 11. Elaine Bafaro, Worcester resident 12. Jane Pastore, Worcester resident 13. Joe Raffa, Worcester resident 14. Keith Scott, Worcester resident

Hearing: LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: FRANKLIN ST. Granting permission to LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: FRANKLIN ST.

Hearing: LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: CHANDLER ST. AT MAY ST. Granting permission to LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: CHANDLER ST. AT MAY ST.

Hearing: LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: PROSPECT ST. Granting permission to LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: PROSPECT ST.

Hearing: LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: KENDALL ST. AT HOOPER ST. Granting permission to LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: KENDALL ST. AT HOOPER ST.

Hearing: LIGHT TOWER FIBER NETWORKS, LLC for a communication conduit location at: MAY ST. Granting permission to LIGHT TOWER FIBER NETWORKS, LLC for a communication conduit location at: MAY ST.

Hearing: LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: WAVERLY ST./PROVIDENCE ST. Granting permission to LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: WAVERLY ST./PROVIDENCE ST.

Hearing: LIGHTOWER FIBER NETWORKS LLC for a communication conduit location at: COPLEY RD./COOLIDGE RD./COOMBS RD. Granting permission to LIGHTOWER FIBER NETWORKS LLC for a communication conduit location at: COPLEY RD./COOLIDGE RD./COOMBS RD.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a jointly-owned pole location at: BRIDLE PATH Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a jointly-owned pole location at: BRIDLE PATH

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, INC for a jointly-owned pole location at: YUKON AVE. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC for a jointly-owned pole location at: YUKON AVE.

Hearing: EVERSOURCE for a gas main location at: MAIN ST. Granting permission to EVERSOURCE for a gas main location at: MAIN ST.

ELECTION - Michelle P. Keane was elected to fill one vacancy for an unexpired term ending on December 31, 2020.

Agnes Asare request to make public Bangor St.

Alexandra Xanthopoulos request handicap parking space be removed from in front of 125 Plantation St.

Giovanni Brignola request installation of resident permit parking on Waite St., from Shrewsbury St. to Chilmark St.

Kerri Sullivan request installation of children advisory signage in the vicinity of 25 Ladybank Rd.

Councilor Gary Rosen request installation of “20 MPH” speed limit signage in Eureka St.

Councilor Gary Rosen request truck weight limit be lowered from 5 tons to 2 ˝ tons in Eureka St.

CHARTER COMMUNICATIONS for a conduit location at: WELLINGTON ST.

LIGHTOWER FIBER NETWORKS LLC for a conduit location at: PROSPECT ST./SUMMER ST.

LIGHTOWER FIBER NETWORKS LLC for a conduit location at: FLAGG ST.

William S. Coleman, III request City Council have the City Administration consider installing a "Council In Session" light outside of the Council Chamber that turns on for loud and exiting crowds.

William S. Coleman, III request City Council have City Administration repair the vented window above the Council Chamber, which is coming through the plaster wall.

David Poplawski of Charter Communications request permission for an easement for the placement of one (1) 4" conduit and cable under the surface of the city-owned lot at 22 Newbury St. to access a utility pole at the rear of the property from which Charter extends service to 59 homes.

Recommend Appointment of George Cortes to the Diversity and Inclusion Advisory Committee.

Recommend adoption of Orders to convey real property located at 25 Southgate Street, 17 Southgate Place, and 65 Armory Street within the South Worcester Industrial Park for light-industrial development purposes.

Transmitting informational communication relative to a summary of the downtown policing efforts.

Transmitting communication relative to a draft ordinance amendment to increase the demolition delay period from 12 months to 18 months.

Transmitting informational communication relative to a legal opinion about the relationship among city clerk, city council and city manager as it relates to the authority to appoint Assistant City Clerks.

Transmitting informational communication relative to a report containing current code violations on any/all properties recently identified for redevelopment.

Transmitting informational communication relative to a list of the non-profit agencies who keep their properties on the tax rolls.

Transmitting informational communication relative to a report listing properties that have been converted from commercial or industrial to residential.

Transmitting informational communication relative to the DCU Center Special District Improvement Fund Note/Bond Issue.

I respectfully recommend that Three Thousand Three Hundred Sixty Two Dollars And No Cents ($3,362.00) be transferred from Account #91C780H, Citywide Capital Equipment Holding Account, to Account #55C701, Library Equipment.

Recommend that Seven Thousand Seven Hundred Ninety Five Dollars And No Cents ($7,795.00) be transferred from Account #91C780D, Police Capital Equipment, to Account #25C701, Police Capital Equipment.

Recommend adoption of an order to accept a gift of a temporary easement for installation of a mural at 2 Southbridge Street from 551 Main Street Holding Corporation.

Recommend adoption of an order to accept a gift of a temporary easement for installation of a mural located at 7 Jackson Street from Jackson Harris, LLC.

Recommend adoption of resolutions to apply for, accept, and expend funds from fourteen (14) formula grants from the Massachusetts Division of Career Services totaling Three Million Thirty Five Thousand Three Hundred and Twenty Eight Dollars and No Cents ($3,035,328.00).

Recommend adoption of a resolution to accept with gratitude a donation of services valued at Eighteen Hundred Dollars and No Cents ($1,800.00) from Charter TV3.

Recommend adoption of a resolution to accept a donation from the Worcester Redevelopment Authority (WRA) for the Worcester Jobs Fund in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00).

Recommend adoption of a resolution to accept with gratitude a donation from the Worcester Arts Council in an amount of Three Thousand Three Hundred Dollars and No Cents ($3,300.00) for the Worcester Public Library's "Worcester Ethnic Mosaic 2016" program.

Recommend adoption of resolutions to file and accept three Highway Safety Division grants from the Massachusetts Executive Office of Public Safety and Security in a total amount of One Hundred Six Thousand Five Hundred Dollars and No Cents ($106,500.00).

Recommend adoption of resolutions to apply for, accept, and expend funds from the Massachusetts Department of Elementary and Secondary Education's Connecting Activities and Career Pathways grants in the total amount of Three Hundred Seventeen Thousand Three Hundred Eighty Dollars and No Cents ($317,380.00).

Recommend that Sixteen Thousand Forty Eight Dollars And No Cents ($16,048.00) be transferred from Account #04T803, OPEB Trust Reserve, and be appropriated to Account #663-96000, Health Insurance, to provide funding for Fiscal Year 2016 third quarter health insurance expenses for Airport retirees, per the request of Thomas F. Zidelis, Chief Financial Officer.

Recommend that Eighty Thousand Dollars And No Cents ($80,000.00) be transferred from Account #900-92000, City Manager's Contingency, and be appropriated to Account #480-92000, Union Station, to provide funding for ordinary maintenance expenses associated with the operations of Union Station through the remainder of Fiscal Year 2016.

Recommend that Sixty Seven Thousand Five Hundred Dollars And No Cents ($67,500.00) be transferred from Account #900-92000, City Manager's Contingency, to Account #110-91000, City Energy and Asset Management regular salaries, to fund the remainder of the fiscal year.

Recommend that Twenty Three Thousand Sixty Three Dollars And No Cents ($23,063.00) be transferred from Account #900-92000, City Manager's Contingency, to Account #650-91000, Auditing Personal Services to provide funding for the cost of retirement of three staff members through lump sum payouts. This appropriation will also allow for the vacancies that currently exist to be filled.

Recommend that Twenty One Thousand Five Hundred Fifty Four Dollars And Twenty Seven Cents ($21,554.27) be transferred from various accounts, and be appropriated to various accounts to provide funding for the Worcester Jobs Fund through the remainder of Fiscal Year 2016.

Transmitting informational communication relative to a corrected table of organization for the Worcester Police Department for the Fiscal 2017 Budget.

Recommend that the total of Fifteen Thousand Dollars and No Cents ($15,000.00) be transferred from Account #043-91000, Economic Development Regular Salaries ($10,000.00), and Account 900-92000, City Manager's Contingency ($5,000.00), to Account #043-92000, Economic Development Ordinary Maintenance, to cover departmental expenses through the remainder of Fiscal Year 2016.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Account #900-92000, Contingency, to Account #600-91000, Purchasing Personnel Services, to provide funding for personnel services through the remainder of Fiscal Year 2016.

Recommend that Fifty Nine Thousand Nine Hundred Eighteen Dollars And Ninety Two Cents ($59,918.92) be transferred from DPW Account #410-91000, Salaries, and be appropriated to DPW Account #410-97201, Overtime, to allow overtime costs to be paid through June 30, 2016.

Recommend that Seventy Thousand Dollars And No Cents ($70,000.00) be transferred from Account #250-91000, Police Personal Services, to Account #250-97000, Police Overtime.

Recommend adoption of a proposed ordinance relative to Off Highway Vehicles (OHV).

Transmitting informational communication relative to the upcoming 2016 summer Recreation Worcester Program, Youth Corps, and Parks Stewards.

Transmitting informational communication relative to the release of Human Resources Department's investigative reports.

Transmitting informational communication relative to the number of new and vacant positions.

Robert V. Stearns, City Auditor, transmitting Actuarial Valuation and Review of the Worcester Retirement System (WRS) as of January 1, 2016.

Robert V. Stearns, City Auditor, transmitting the monthly report on the status of the City budget.

Amending Salary Ordinance of August 20, 1996 relative to Occupational Group M. – Recreation (Seasonal Staff)

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 30 Proctor St.

COMMUNICATION of Susan M. Ledoux, City Clerk, transmitting communication recommending the appointment of Stephen Andrew James Pottle as Assistant City Clerk. (Tabled Under Privilege - Russell May 10, 2016 and Tabled Under Privilege - Lukes May 17, 2016)

ORDER of Councilor Sarai Rivera request City Manager consider transferring the Homelessness Division within the table of organization for the Department of Economic Development to the Department of Public Health. (Tabled Under Privilege - Lukes May 17, 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)

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 request City Manager reach out to Verizon to make inquiries regarding expansion of FIOS into Worcester in light of their recent investment in Boston. (Tabled - Petty May 17, 2016)

ORDER of Councilor Konstantina B. Lukes @ #8b - Request City Manager provide City Council with a legal opinion as to whether the City can borrow to fund operations. – Item #14a Order adopted

ORDER of Councilor Khrystian E. King @ #8g - Request City Clerk provide City Council with a report concerning inconsistencies between the minutes and the video of the Standing Committee on Rules and Legislative Affairs Committee meeting on July 20, 2015. – Item #14b Order adopted

ORDER of Councilor Konstantina B. Lukes @ #11a - Request City Manager provide City Council with a report outlining the role City Council has in employing the staff of the City Auditor and City Clerk. – Item #14c Order adopted

ORDER of Councilor Sarai Rivera - Suspension of Rules - Request City Manager request Commissioner of Public Works and Parks replace both the “One Way” sign and the street name sign at the corner of William St. and Somerset St. – Item #14d Order adopted

Motion Petty @ #9.13A CM – Request City Manager provide City Council with a report regarding the process necessary to create a historical district.

Motion Toomey @ #9.13A CM – Request City Manager include members of the Mt. Carmel community as well as people/residents in the surrounding area in any future discussions regarding developing the Mt. Carmel property into a historic district as well as the demolition delay waiver application process.

ORDER of Councilor Lukes @ #9.13A - Request City Manager request the City Solicitor review to what extent a public body such as City Council should get involved in religious issues when it concerns a community asset and what, if any, obligation does the City Council have to notify the Historical Commission that there is a legal dilemma in that the entity bringing a request for a demolition delay waiver has no legal standing and therefore the request cannot be allowed.

Motion Russell @ #9.13A CM – Request City Manager examine the deed for the property at Mt. Carmel Church to determine who is the proper owner of this property.

Motion Rosen@ #9.13A CM – Request City Manager request the City Solicitor report if there is any action the city can take to preserve and save buildings in the city from being demolished by developers.

Motion Gaffney @ #9.15A CM – Request City Manager provide City Council with the number of 911 calls and police incidents for Union Station.

Motion Rivera – Suspension of Rules - Request City Manager meet with the License Commission as soon as possible to discuss 765 Main St., the Albion Lodging House, to present data on police incidents, code violations and neighborhood complaints for this property.

Motion Rivera – Suspension of Rules -Request City Manager provide the License Commission with monthly reports from the Worcester Police Department, Inspectional Services and minutes from the Shepard-King Neighborhood Association Crime Watch Meetings as a means to track progress, or lack thereof, toward significant reduction in anti-neighborhood activities. (Rivera)

Motion Rivera – Suspension of Rules -Request City Manager provide City Council with a report on 765 Main St. and its status as a persistent problem property.

Motion Rivera – Suspension of Rules - Request City Manager provide City Council with a report concerning the process for an annual rooming house license renewal and to include in this report the renewal date for 765 Main St. and whether or not there is a possibility for public input.