CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 15, 2016

Esther Howland Chamber

Convened: 7:01 P.M.

Adjourned: 9:39 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 October 25, 2016.

Mayor Petty recongized the following speakers:
1. Idella Hazard, Worcester resident
2. Shelley Williamson, Worcester resident
3. George Valeri, Worcester resident
4. Frederick Rushton, Worcester resident
5. Jo Hart, Worcester resident

Hearing: NATIONAL GRID and VERIZON NEW ENGLAND, INC. for a joint pole location at: NEWPORT ST. Granting permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC. for a joint pole location at: NEWPORT ST.

Hearing: NATIONAL GRID for a conduit location at: EDWARD ST. AND NEWPORT ST. Granting permission to NATIONAL GRID for a conduit location at: EDWARD ST. AND NEWPORT ST.

John Pingeton request tree in front of 45 Harold St. be removed.

John Pingeton request sidewalk in front of 45 Harold St. be repaired due to tree roots.

Escriel and Edry Jimenez request abatement of street betterment assessment #25392 in the amount of $14,304.64 for Stearns St.

Councilor Gary Rosen request sidewalk repair in Hadwen Rd.

David Healey request installation of resident permit parking on Catharine St., between Oak Ave. and Windsor St.

Elizabeth Early on behalf of Melanie Pinto request the resident permit parking in East Central St., from Eastern Ave. to Ford St. be extended to Hill St.

Megan Leazes request handicap parking space in front of 67 Stanton St. be removed.

George Valeri request installation of Children Advisory signage and 20 mph speed limit signs on each end of Tirrell St.

Wilfredo Tirado request installation of handicap parking on the Grosvenor St. side of 46 Lafayette St.

Matteo and Christina Urella request Children Advisory signage on the corner of Quinapoxet Lane and East Mountain St.

Councilor Morris A. Bergman request installation of “No Commercial Vehicles” signage at the beginning of Jamesbury Dr. at Salisbury St. and at the end of Jamesbury Dr. at Kinnicutt Rd.

VERIZON NEW ENGLAND, INC. for a conduit location on: NEWPORT ST.

William Breault request City Manager provide a report to City Council concerning the financial impact of processing refugee/asylum seekers in Worcester in past five years, including the location of housing provided and source of funding for housing.

William Breault request City Manager provide City Council with a report concerning the number of criminal arrests of undocumented residents there were in Worcester over the past five years.

Recommend adoption of an Ordinance concerning the compensation of the Cultural Development Officer.

Recommend adoption of an Order of Taking for the Blackstone Gateway Park Project.

Transmitting informational communication relative to the 2016 Winter Holiday Events & Activities.

Transmitting informational communication relative to an update of the drought conditions.

Communication Relative to Chandler Street - Worcester State University Area Traffic Study

Transmitting informational communication relative to the Master Plan Initiative and Feasibility Study for Dog Parks in Worcester

Transmitting informational communication relative to a legal opinion whether or not NGRID compensates landowners when an easement on private property is required for the expansion of the distribution system.

Transmitting informational communication relative to information concerning how the City’s draft ordinances addressing the negative aspects of short-term bedroom rentals collaborates with legislation at the state level and who becomes the overriding authority as the legislation moves forward.

Transmitting informational communication relative to a legal opinion as to what legal options does the city have regarding the granting of permission to utility companies for running gas lines thru the City streets without charge.

Transmitting informational communication relative to a report outlining the legality of sponsorships being placed on Worcester Police property transporting horses in the Mounted Police Unit.

Transmitting informational communication relative to a request that the City Manager consider raising the fines for violating pedestrian right of way in crosswalks and report what is the process needed to implement the increase.

Recommend that Three Million Dollars And No Cents ($3,000,000.00) be transferred from Loan Account #91C7113C, Nelson Place MSBA, and be appropriated to Account #41C780, Nelson Place School, to allow for the payments of current and future obligations.

Recommend that Eighty Six Thousand Nine Hundred Twenty Six Dollars And No Cents ($86,926.00) be transferred from Loan Account # 91C711C, Parks Building Rehab., and be appropriated to Parks Account # 72C70223, Newton Hill Shed, to allow for current and anticipated obligated payments associated with the Newton Hill Shed Project.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account # 91C711C, Parks Building Rehab., and be appropriated to Parks Account # 72C705, Hope Cemetery, to allow for current and anticipated contractually obligated payments for the Master Plan.

Recommend that Three Hundred Sixty Thousand Dollars And No Cents ($360,000.00) be transferred from Loan Account # 91C7844, Coes Reservoir, and Two Hundred Sixty Thousand Dollars And No Cents ($260,000.00) be transferred from Loan Account # 91C784, Coes, and be appropriated to Parks Account # 72C70229, Coes to allow for payments associated with the construction of the playground at Coes Park.

Recommend that Eighty Thousand Dollars And No Cents ($80,000.00) be transferred from Loan Account # 91C711C, Coes Pond, and be appropriated to Parks Account # 72C70248, Coes Pond to allow for current and anticipated contractually obligated payments for the site improvements including the Binienda bath house.

Recommend adoption of a resolution to accept a donation in the amount Two Hundred and Seventy One Dollars and Seventy Eight Cents ($271.78) from Sports Academy, Inc., for Summer 2016 recreational programs.

Recommend adoption of a resolution to accept and expend a grant of up to Thirty One Thousand Nine Hundred Eleven Dollars and Twenty-One Cents ($31,911.21) from the Mass Department of Public Health for their FY17 First Responder Naloxone (Narcan) Grant Program.

Recommend adoption of a resolution to accept a donation in the amount of Seven Thousand Five Hundred Dollars And No Cents ($7,500.00) from the Digital Federal Credit Union, in support of the Worcester Fire Department (WFD Donation Account).

Recommend adoption of an Order to accept a Public Art Easement from Saul Talbert - 4 Quinsigamond Ave. Mural Project Trust.

Recommend adoption of a resolution to accept a donation in the amount Five Hundred Dollars and No Cents ($500.00) from Paul N. Johnson Sr., Babe Ruth League, for Tivnan Field.

Recommend adoption of a resolution to accept a donation in the amount of Two Thousand Five Hundred Dollars and No Cents ($2,500.00) from the Greater Worcester Community Foundation for the planting of (5) five trees.

Recommend adoption of the attached resolution to accept with gratitude a grant in the amount of One Hundred Thousand Dollars And No Cents ($100,000.00) from the Massachusetts Department of Transportation for the Bicycle Parking Program.

Recommend adoption of a resolution to accept and expend a grant in the amount of Four Thousand Two Hundred and No Cents ($4,200.00) from the Massachusetts Board of Library Commissioners for Library Services and Technology Act (LSTA).

Recommend that Sixteen Thousand Six Hundred Thirty Four Dollars And No Cents ($16,634.00) be transferred from Account #900-92000, City Manager's Contingency, to Account #150-97000, Elections Overtime. $10,134.00 will be used to cover the overtime deficit due to the implementation of the Early Voting this past State Election. Further, the additional $6,500.00 will be used for implementation of the state mandated audit of five precincts of the same State Election.

Recommend adoption of a Loan Order in the amount of Three Hundred Twenty Five Thousand Dollars And No Cents ($325,000.00) be appropriated to Account #91C784, BG Municipality Outdoor Recreation, to fund the Dog Park Project.

Recommend that the City Council rescind the partial balance on a Loan Order for Water Mains & Gates and replace with the attached loan orders.

Transmitting informational communication relative to the status of the Conservation Commission vacancies.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager provide City Council with a report concerning the invitation process for Veterans Day events and how the City could increase the turnout at such events.

Request City Manager request Commissioner of Public Works and Parks provide City Council with a master plan for when and where decorative street lighting and decorative brick banding along sidewalks is warranted and what process is used to make that determination, in an effort to create uniformity throughout the City. (Economou)

Request City Manager report to City Council concerning whether some of the obstacles such as chains, gates, signs, and parking lot closures, among others, can be removed to make our public parks more welcoming, accessible and used by city residents and taxpayers. (Rosen)

Request City Manager request City Assessor send, by mail, an answer for all abatement applications in a timely manner, including those that are denied. (Russell)

Request City Clerk provide City Council with a report indicating the number of people who voted during the early voting period, as well as the total amount of people who voted in this election cycle. (Economou)

Request City Clerk provide City Council with a report outlining the total cost of holding early voting, to include the time staff took to prepare and execute early voting and what the dollar amount was that the state provided to hold early voting. (Economou)

Request City Manager request City Assessor and/or City Tax Collector make immediate inquiry with the Massachusetts Department of Revenue as to why their real property assessments of state owned land in Worcester has dramatically decreased from FY 05 to FY 13 (see attachment), resulting in significantly reduced state-owned land PILOT payments to Worcester (for example, from FY09 to FY15 the assessment dropped from $659,860 down to $212,335). (Bergman)

Request City Manager provide City Council with a report concerning the specific process in the Municipal Modernization Act, which allows cities to decrease their speed limits to 25 miles in thickly settled areas and to designate 20 mph safety zones, in addition to those already in effect, near schools and how those speed limit changes can be implemented in Worcester. (Lukes)

Request City Manager use a portion of new revenues, such as property value increases, to decrease the tax rate on all property tax owners. (Petty)

Request City Clerk provide City Council with a report regarding the November 8th Election, including any impact early voting made, as well as the process necessary to implement early voting into local and state elections. (Petty)

Request City Manager request Commissioner of Public Works and Parks provide City Council with a report detailing traffic flow on John St. near Elm Park Community School, which would include the feasibility of making John St. one way. (Rivera)

Transmitting the unaudited financial reports on the budgetary basis for results of operations in fiscal 2016 for the General and Enterprise Funds (Schedules A through B-3).

Transmitting informational Communication regarding the upcoming vacancies in the Library Board of Directors, effective January 1, 2017.

Mayor Joseph M. Petty transmitting "A Report of the Discussions of the Mayor’s Tax Policy Committee."

COMMUNICATION of the City Manager recommend that One Hundred Twenty Six Thousand One Hundred Ninety Dollars And No Cents ($126,190.00) be transferred from and to various CDBG accounts to provide sufficient funding for anticipated project costs for the demolition of six buildings, each having been adjudged a nuisance to the neighborhood, or dangerous, pursuant to M.G.L. c. 139, §1. (Tabled Under Privilege - Gaffney November 1, 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)

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 and Tabled - Bergman October 4, 2016)

PETITION of Councilor Sarai Rivera on behalf of Elsie Stone request sidewalk repair in front of 10 Hollywood St. - Item #14a Referred to Public Works Committee

ORDER of Councilor Khrystian E. King - Request City Manager formalize a plan concerning when the horses in the Mounted Police Unit retire from duty that includes each horse being properly housed and cared for. - Item #14b Order adopted

ORDER of Councilor Khrystian E. King - Request City Manager reach out to Becker College to inquire how their veterinary students could be included in the process of maintaining a Mounted Police Unit. - Item #14c Order adopted

ORDER of Councilor Kathleen M. Toomey - Request City Manager consider sending horse manure to local farms. - Item #14d Order adopted

ORDER of Councilor Michael T. Gaffney - Request City Manager request City Solicitor provide City Council with a report outlining the legality of sponsorships being placed on Worcester Police property transporting horses in the Mounted Police Unit. - Item #14e Order adopted

ORDER of Councilor Morris A. Bergman - Request City Manager request Commissioner of Public Works and Parks provide for notice to be posted for leaf pickup at least one weekend prior to pick up. - Item #14f Order adopted as amended

ORDER of Councilor George J. Russell - Request City Manager request Commissioner of Public Works and Parks provide City Council with a report outlining the rotation of the last three years of leaf pick up, including reasoning behind how the rotation works. - Item #14g Order adopted

ORDER of Councilor Sarai Rivera – Request City Manager consider providing residents with a Text Alert and/or a Reverse 911 phone call notifying them of upcoming leaf pickup in their neighborhood. – Item #14h Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report highlighting the main points of the Act Modernizing Municipal Finance and Government.- Item #14i Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning which locations are set to be demolished with CDBG monies and who the owners of each building are. Further, request City Manager provide in said report information concerning whether the City will receive monies back for the cost of demolition. – Item #14j Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report regarding the status of filling vacancies on the Conservation Commission and whether the vacancies are affecting the items before the commission. – Item #14k Order adopted

PETITION of Councilor Tony Economou request sidewalk repair in Chalmers Rd. – Item #4l Referred to Public Works Committee

Motion Toomey @ #8.5A CM – Request City Manager request Superintendent of Schools provide information regarding the current drought conditions in their school newsletters.

Motion Rosen @ #8.8A CM – That the City Council does hereby approve Phase I of the Master Plan for Dog Parks in Worcester.

Motion Russell @ #8.8A CM – Request City Manager make all possible efforts to trim the budget of all Phases of the Master Plan for Dog Parks in Worcester.

Motion Lukes @ #8.13A CM – Request City Manager request City Solicitor provide City Council with a legal opinion concerning what needs to be pinpointed in terms of changing the legislation so that compensation is given to land owners when public utility companies use their land. Further, request City Manager request City Solicitor include in said legal opinion how to change regulations so that authorization must be granted by the land owner for the public utility to locate their systems onto the property.

Motion Gaffney @ #14a CC – Request City Manager provide City Council with a report concerning the purpose of the CDBG Program, in relation to dealing with dangerous and nuisance properties. Further, request City Manager provide in said report an explanation of how liens the City places on certain properties in the program affect subsequent mortgages.

Motion Gaffney @ #14a CC – Request City Manager provide City Council with a report concerning how fines are assessed to owners who are neglecting their properties in the CDBG Program. Further, request City Manager provide in said report the standards for when properties are demolished in the program.

Motion Gaffney @ #14a CC – Request City Manager provide City Council with an audit of all six properties to be demolished in the CDBG program that specifically looks at property history since being approved for demolition by the City.