CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 4, 2016

Esther Howland Chamber

Convened: 7:36 P.M.

Adjourned:8:04 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Mayor Petty read a Proclamation declaring October, 2016 as Domestic Violence Awareness Month. The Proclamation was presented to representatives of the YWCA Domestic Violence Service Staff.

Mayor Petty read a Proclamation declaring Wednesday, October 5, 2016 as International Walk to School Day. The Proclamation was presented to Karin Valentine Goins.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of September 20, 2016.

Mayor Petty recognized the following speakers: 1. Idella Hazard, Worcester resident 2. Jo Hart, Worcester resident

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: RESEARCH DR. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: RESEARCH DR.

Tracey Hicks of Cutler Management Corp. request sidewalk replacement at the corner of Walnut St. and Eden St.

Councilor Tony Economou on behalf of the residents of the West Chester St. area request installation of a “Thickly Settled 30 MPH“ sign south of Barry Rd. Extension on the west side of West Chester St.

Councilor Tony Economou on behalf of the residents of the West Chester St. area request installation of a “Thickly Settled 30 MPH“ sign on the westbound side of West Chester St., just west of Chester St.

Councilor Tony Economou on behalf of the residents of the West Chester St. area request a stop line be painted at the stop sign at the intersection of Barry Rd. Extension and West Chester St.

Councilor Tony Economou on behalf of the residents of the West Chester St. and The Willows request a stop sign and stop line be installed heading easterly in West Chester St. at the intersection of Barry Rd. Extension.

Councilor Tony Economou on behalf of the residents of The Willows request installation of a stop sign at the entrance of The Willows on Barry Rd. Extension.

Councilor Tony Economou on behalf of the residents of the West Chester St. area request installation of “Go Slow Children” signage in both directions of West Chester St.

Councilor Tony Economou on behalf of the residents of the Saxon Rd. area request installation of “Go Slow Children” signage in Saxon Rd. on light pole #9 and opposite of 34 Saxon Rd.

William Sweeney request installation of resident permit parking on Florence St., from Charlotte St. to Oberlin St.

EVERSOURCE for gas main location at: OAK HILL RD.

Transmitting informational communication relative to the reappointment of David Fort to the Health Board.

Transmitting informational communication relative to the reappointment of Margaret Coffin, Paul Johnson and Gail Schuyler to the Elder Affairs Commission.

Transmitting informational communication relative to the reappointment of John Harrity to the Civic Center Commission.

Recommend approval of the reappointment of Amanda Amory to the Conservation Commission.

Recommend approval of the reappointments of George Cortes, Greta Kenney and Florette Willis to the Diversity and Inclusion Advisory Board.

Recommend approval of the appointment of Douglas Arbetter to the Community Development Advisory Committee.

Transmitting informational communication relative to the Worcester Landlord Summit on Saturday, October 22, 2016 at the DCU Center from 8:30am - 12:30pm

Transmitting informational communication relative to the Alliance for Community Media – Northeast Region Awards

Transmitting informational communication relative to the Worcester Arts Council 2017 Grant Applications.

Transmitting informational communication relative to the Keep Worcester Clean (KWC) Activity Report for the month of July 2016.

Transmitting informational communication relative to the Keep Worcester Clean (KWC) Activity Report for the Month of August 2016.

Transmitting informational communication relative to the schedule of early voting in the City of Worcester.

Recommend that Three Hundred Twenty Five Thousand Dollars And No Cents ($325,000.00) be transferred from Loan Account #91C745A, Sewer/Interceptor, and to be appropriated to DPW Account #44C751, Sewer/Interceptor Inspection, to allow for the payment of current and future obligations associated with engineering services provided by Weston & Sampson for linking tie cards to GIS, sanitary sewer interceptor evaluations, cost effectiveness analysis, field inspections, as well as other sewer related designs/evaluations.

Recommend that Sixty Thousand Nine Hundred Seventy Seven Dollars and Seventy Cents ($60,977.51) be transferred from Account #91C780F, Technical Services Capital Equipment, to Account #68C701, DPSD Capital Equipment, to pay for various technical equipment as previously approved in the FY16 Capital Equipment Program.

Recommend that Eighty Five Thousand Dollars And No Cents ($85,000.00) be transferred from Loan Account #91C7414, Street Construction, and be appropriated to DPW Account #41C771, Mill Street Improvements, to allow for the payment of current and future engineering service obligations associated with improvements in the Mill Street Area.

Recommend that Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) be transferred from Loan Account #91C741C, Street Construction, and be appropriated to DPW Account #41C768, Private Street Construction, to provide funds for current and future expenditures associated with work converting private streets to public.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C7414, Street Construction, and be appropriated to DPW Account #41C742, Street Resurfacing (Ext Pavement), to allow for the payment of current and future obligations.

Recommend that One Million Five Hundred Thousand Dollars And No Cents ($1,500,000.00) be transferred from Loan Account #91C741B, Street Resurfacing, and be appropriated to DPW Account #41C741, Street Resurfacing, to allow for the payment of current and future obligations.

Recommend that One Million Dollars And No Cents ($1,000,000.00) be transferred from Loan Account #91C745B, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Reconstruction, to allow for the payment of current and future obligations associated with sewer work being performed throughout the city.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C714A, Water Pumping Stations, and be appropriated to DPW Account #45C726, Water Pumping Rehab, to allow for payment of current and future obligations associated with pump station repairs and rehabilitation (electrical, flow controls, pumps, valves, etc.) throughout the city.

Recommend that One Hundred Sixty Five Thousand Dollars And No Cents ($165,000.00) be transferred as follows: $65,000.00 from Loan Account #91C713G Water Accounting & Analysis; and $100,000.00 from Loan Account #91C7131E, Hydrants, and the total be appropriated to DPW Account #45C720, Water Mains, to allow for the payments of current and future obligations associated with hydrants, leak detection, and cross connections throughout the city.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C7450C, Sewer Infiltration/Inflow, and be appropriated to DPW Account #44C771, Infiltration/Inflow, to allow for the payment of current and future obligations associated with engineering design services.

Recommend that Six Hundred Fifty Thousand Dollars And No Cents ($650,000.00) be transferred from Loan Account #91C745B, Sewer Pumping Stations, and be appropriated to DPW Account #44C764, Sewer Pumping Station Capital Program, to allow for the payment of current and future invoices associated with repairs and rehabilitation to the sewer pump stations located throughout the city.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Loan Account #91C7414, Street Construction, and be appropriated to DPW Account #41C785, Main/Maywood Street Improvements, to allow for the payment of current and future engineering and design services.

Recommend that Thirty Six Thousand Dollars And No Cents ($36,000.00) be transferred from Loan Account #91C7414, Street Construction, and be appropriated to DPW Account #41C762, Central Business District - Street Construction, to allow for the payment of anticipated engineering services.

Recommend that Four Hundred Fifty Thousand Dollars And No Cents ($450,000.00) be transferred from Loan Account #91C7394, Sewer Drainage, and be appropriated to DPW Account #44C761, Surface Drainage, to allow for the payment of invoices regarding sewer drainage repairs at various locations in the city.

Recommend that One Hundred Four Thousand Eight Hundred Seventy Seven Dollars And No Cents ($104,877.00) be transferred from Loan Account #91C7807, Capital Equipment, and be appropriated to DPW Account #41C703, Capital Equipment, to allow for the payment of a vehicle.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C745B, Sewer Construction Route 20, and be appropriated to DPW Account #44C722, Route 20 - Sewers, to allow for the payment of anticipated obligations (Engineering and Design Services) associated with this capital project.

Recommend that Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from Loan Account #91C724B, Traffic Signal Equipment, and be appropriated to DPW Account #40C704, Traffic Signals, to allow for the purchase and payment of anticipated new equipment, being repaired and installed at traffic light locations throughout the entire city.

Recommend adoption of an Order to accept a public art easement from 252-280 Main Street Nominee Trust.

Recommend adoption of a resolution to accept a donation in the amount of Five Hundred Dollars and No Cents ($500.00) from the Greater Worcester Community Foundation for the Worcester Public Library Talking Book program.

Recommend adoption of a resolution to accept and expend a grant of up to Two Hundred Thousand Dollars And No Cents ($200,000.00) from the Commonwealth of Massachusetts Executive Office of Education, Department of Elementary and Secondary Education.

Recommend adoption of a resolution to apply for, accept and expend funds of up to Five Million Three Hundred Thousand Dollars and No Cents ($5,300,000.00) from the 2017 Senator Charles E. Shannon, Jr. Community Safety Initiative Grant.

Recommend adoption of a resolution to accept with gratitude, a donation of a K9 Police Dog Bullet and Stab Protective Vest, from Vested Interest in K9s, and sponsored by Dee Summers of Salem, MA in memory of Dawn Cherie Wolfson.

Recommend that Twenty Eight Thousand Six Hundred Sixty Dollars And Forty Four Cents ($28,660.44) be transferred from Account #330-07, Damage Claims, to Account #50S519, Damage Claims Settlement, reflecting reimbursement of claims received by insurance companies for accidents involving WPS vehicles.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Account #14SFOM42, CDBG Finance Ordinary Maintenance, and be appropriated to Account #14SEOM42, CDBG Economic Development Ordinary Maintenance, to provide sufficient funding for anticipated ordinary maintenance expenses for fiscal year 2017.

Recommend that Six thousand dollars and no cents ($6,000.00) be transferred from Account # 170-91000, Human Resources, Personal Service Account , to Account # 1701-97201, Human Resources, Regular Overtime to pay for overtime expenses related to staff shortages related FMLA and expenses associated with the Affordable Care Act.

Recommend that Eighty Five Thousand Dollars And No Cents ($85,000.00) be appropriated from Account #330-08 Reserve for Appropriation Premium on Loans, to Account #660-92000, Treasurer Ordinary Maintenance for bond anticipation note issuance costs.

Recommend that Four Thousand Nine Hundred Ninety Two Dollars And No Cents ($4,992.00) be approved for payment of a prior year expense from the Treasurer's FY17 Salary appropriation, 660-91101.

Recommend that Nine Thousand Forty Three Dollars and Fifty Five Cents ($9,043.55) be authorized from Account #260-92000, Worcester Fire Department Ordinary Maintenance, for payment of prior year invoices.

Transmitting informational communication relative to upcoming events being held at the Worcester Memorial Auditorium.

Transmitting informational communication relative to the fiscal year 2017 state budget as it relates directly to the City of Worcester.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager recommending adoption of a right of way discontinuance at 730 Plantation St.

Amending Chapter 2 of the Revised Ordinances of 2008 relative to Wage Theft Prevention

Amend Salary Ordinance of August 20, 1996 - Occupational Group P - Foreman & Supervisor (Winter Operations Coordinator)

ORDER - Granting permission to EVERSOURCE for a gas main location at: WESTBOROUGH ST. (Tabled Under Privilege - Russell September 27, 2016)

COMMUNICATION of the City Manager transmitting informational communication relative to legislation to regulate and restrict non-profit organizations in residentially zoned districts. (Tabled Under Privilege - Bergman September 20, 2016 and September 27, 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)

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)

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 and 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)

COMMUNICATION of the City Manager transmitting informational communication relative to a list of the non-profit agencies who keep their properties on the tax rolls. (Tabled - Gaffney May 24, 2016)

COMMUNICATION of the City Manager transmitting informational communication relative to a report listing properties that have been converted from commercial or industrial to residential. (Tabled - Gaffney May 24, 2016)

COMMUNICATION of the City Manager transmitting communication responding to City Council inquiry requesting City Manager submit an estimated assessor's recap comparing the proposed FY 17 tax levy with the current real estate assessments and the FY 16 assessed values. (Tabled Under Privilege - Lukes June 14, 2016 and June 21, 2016 and Tabled - Lukes July 19, 2016)

ORDER of Councilor Konstantina B. Lukes – Request City Manager request City Solicitor provide City Council with a legal opinion concerning what authority the City has over penalizing CSX’s drivers and how the City determines which drivers are affiliated with CSX. Further, request City Manager request City Solicitor include in said report whether prohibiting truck traffic in Grafton Hill will affect all truck drivers or just CSX drivers. – Item #19a Order adopted

PETITION of Councilor Tony Economou on behalf of Peter Capsalis request painting of dividing lines in Leslie Rd. – Item #19b Referred to Traffic and Parking Committee

PETITION of Councilor Tony Economou on behalf of Peter Capsalis request stop lines be painted in Leslie Rd. at all intersecting roadways. – Item #19c Referred to Traffic and Parking Committee

ORDER of Councilor Konstantina B. Lukes – Request City Council provide the City’s congressional delegation with a letter stating that they support the opposition of the U.S. transfer of internet control to the United Nations. – Item #19d Order adopted as amended

Motion Lukes @ 8.23A CM - Request City Manager request the Board of Election Commissioners provide City Council with a report regarding the success of the Early Voting Program for the November 2016 election within 30 days after the election.

Motion Lukes @ 8.31A CM - Request City Manager provide City Council with a report explaining the linking of tie cards to GIS.

Motion Lukes @ 8.32D CM – Request City Manager provide City Council with a breakdown of the groups that receive and use funds from the 2017 Senator Charles E. Shannon Jr. Community Safety Initiative Grant.

Motion Russell @ 11a CC – Request City Manager provide City Council with a report from the Health Department regarding the future Creeper Hill Rd. Dehydration Facility in Grafton and whether or not any air contaminants, smoke and/or odors generated could have an adverse effect to the abutting residential neighborhoods of this facility.

Motion Russell @ 11a CC – Request City Manager request City Solicitor provide City Council with a legal opinion as to what legal options the city has regarding the granting of permission to utility companies for running gas lines through City streets without charge.