CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 29, 2016

Esther Howland Chamber

Convened: 7:01 P.M.

Adjourned: 7:54 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Morris A. Bergman Tony Economou
Michael T. Gaffney Khrystian E. King
Konstantina B. Lukes Candy Mero-Carlson City Clerk
Susan M. Ledoux
Sarai Rivera Gary Rosen
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

INVOCATION - Reverend Noel Williamson, Pleasant Street Baptist Church

2.

PLEDGE OF ALLEGIANCE & STAR SPANGLED BANNER

3.

ROLL CALL - All present with the Mayor as the Chair, except for Councilor King, who arrived at 7:04 P.M.

Note: Assistant City Clerk Stephen A.J. Pottle, clerk.

4.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

4a.

Mayor Petty recognized Bob Mangan, Barbara Guthrie, Satya Mitra, Ron Fraser, Fred Nathan, Bill Moore and Richard Prager from the Worcester Rotary Club, who were in attendance presenting their club's donation to support the Recreation Worcester program.

 

5.

APPROVAL OF THE MINUTES

5a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of November 15, 2016.

Attachments

Order adopted

 

6.

PUBLIC PARTICIPATION

6a.

Mayor Petty recognized the following speakers:
1. Idella Hazard, Worcester resident
2. Terri Kelly, Worcester resident
3. John Provost, Worcester resident
4. Frederick Rushton, Worcester resident

 

7.

HEARING & ORDER

7a.

Hearing: NATIONAL GRID AND VERIZON NEW ENGLAND INC. for a joint pole location at: WESCOTT ST. Granting permission to NATIONAL GRID AND VERIZON NEW ENGLAND INC. for a joint pole location at: WESCOTT ST.

Attachments

Hearing Held & Order adopted

 

8.

PETITIONS

8a.

Cynthia Foss request street repair in front of 9 Ansonia Rd., as a result of damage done by Department of Public Works's use of fire hydrant and cutting of the road.

Attachments

Referred to the Department of Public Works and Parks

 

8b.

Carlos and Mildred Ayala request the Official Map be corrected to include the "Un-Named Road" across from Newton Ave. North and abutting 356 Salisbury St.

Attachments

Referred to Planning Board

 

8c.

Councilor Candy Mero-Carlson request installation of trash bins in front of Saint Bernard's Church on Lincoln St.

Attachments

Referred to Public Works Committee

 

8d.

Cynthia Foss request stop signs be installed in Dominion Rd. at its intersection with Ansonia Rd.

Attachments

Referred to Traffic and Parking Committee

 

8e.

Boleslaw Gancarz request measures be taken to stop cars from jumping the curb where Butler St. curves into McKeon Rd.

Attachments

Referred to Traffic and Parking Committee

 

8f.

NATIONAL GRID AND VERIZON NEW ENGLAND INC. for a jointly-owned pole location at: FERNSIDE RD.

Attachments

Hearing set for Tuesday, December 6, 2016 at 7:00 P.M.

 

8g.

Stephen Paulhus request City Council and City Manager provide immediate access for all remaining unsheltered homeless people to warm, safe, suitable overflow facilities, in any currently approved houses of worship and/or vacant buildings and that the Council make this an immediate priority.

Attachments

Petitioner spoke and Placed on file

 

8h.

Jo Hart request City of Worcester immediately search for a new Administrator for the Worcester Regional Transit Authority (WRTA) in order to restore the route unofficially changed last May or June, #19, and to restore service lost since 2013 by bad scheduling and to reset the entire system to function with replaced bus stops and signs, and especially to relieve the City's congestion by removing the hub, or reset it for just those few routes that would naturally use those streets.

Attachments

Petitioner spoke and Placed on file

 

8i.

Jo Hart request City of Worcester rewrite its brochure about public speaking/participating at public meetings to reflect the reality of what actually happens and to also reference all items mentioned to its location in the City's book of rules for public speaking.

Attachments

Petitioner spoke and Placed on file

 

9.

COMMUNICATIONS OF THE CITY MANAGER

 

9.1

APPOINTMENTS
Non-City Council Confirmation
 

9.2

APPOINTMENTS
City Council Confirmation
 

9.3

DEPARTMENT OF HUMAN RESOURCES
A.

Transmitting informational communication regarding the work of the Chief Diversity Officer.

Attachments

Referred to Public Health and Human Services Committee

 
 

9.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Recommend adoption of a resolution to approve and solicit a Four (4) Year Contract for Central MA Workforce Investment Area’s Career Center(s) Operation.

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

9.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

9.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

9.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Communication relative to the Construction Progress Report for the month ending October 31, 2016

Attachments

Referred to Public Works Committee

 
 

9.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting informational communication relative to the donation policy and procedures for Bench Donations.

Attachments

Councilor Lukes moved to recommit the Item to the City Manager. Councilor Lukes moved to request the City Manager amend the City’s donation policy so that any donation the City accepts does not have a name attached to it (see Item #14c). Mayor Petty moved for a roll call vote on Councilor Lukes’ motion to amend the City’s donation policy so that any donations the City accepts does not attach a name to the donation. – Motion denied on a roll call vote of 1 Yea and 10 Nays (Yea – Lukes) Mayor Petty moved for a roll call on Councilor Lukes’ motion to recommit the Item to the City Manager. – Motion denied on a roll call vote of 1 Yea and 10 Nays (Yea – Lukes) Placed on file

 
 

9.9

FIRE DEPARTMENT
 

9.10

POLICE DEPARTMENT
 

9.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

9.12

LICENSE COMMISSION
 

9.13

LAW DEPARTMENT
 

9.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

9.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

9.16

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

9.17

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Public Health
A.

Transmitting informational communication relative to 2016-2017 flu clinic activity.

Attachments

Placed on file

 
B.

Transmitting informational communication relative to the 2016 fall activities of the Department of Public Health.

Attachments

Referred to Public Health and Human Services Committee

 
 

9.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Elder Affairs
 

9.19

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Human Rights and Disabilities
A.

Transmitting informational communication relative to the 2016 Eleanor Hawley Human Rights Award and ceremony scheduled to take place on December 10, 2016.

Attachments

Placed on file

 
 

9.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Veterans Services
 

9.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Youth Services
 

9.22

WORCESTER PUBLIC LIBRARY
 

9.23

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

9.24

PUBLIC SCHOOL DEPARTMENT
 

9.25

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
A.

Transmitting informational communication relative to the preliminary Fiscal Year 2017 Tax Classification.

Attachments

Held for December 13, 2016 Tax Classification Hearing

 
 

9.26

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

Transmitting informational communication relative to the City's revenues and expenditures for Fiscal Year 2017 through September 30, 2016.

Attachments

Referred to Municipal Operations Committee

 
 

9.27

DEPARTMENT OF ADMINISTRATION AND FINANCE
Energy and Asset Management
 

9.28

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

9.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

9.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

9.31

FINANCE ITEMS
Capital Transfers
A.

Recommend that Four Hundred Eighteen Thousand One Hundred Sixty Dollars And No Cents ($418,160.00) be transferred from Account #91C7804, Citywide Capital Equipment, to Account #25C701, Police Capital Equipment, for the purchase of marked and unmarked police vehicles.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
B.

Recommend that Three Hundred Twenty Thousand Dollars And No Cents ($320,000.00) be transferred from Parks Account # 72C70229, Coes, and be appropriated to Parks Account # 72C70248, Coes Pond, to properly allocate funds to this project to allow for more accurate tracking of separate projects.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
C.

Recommend that Fifty Five Thousand One Hundred Forty Seven Dollars And Ninety One Cents ($55,147.91) be transferred from Loan Account #91C7804, Citywide Capital Equipment, to Account # 68C701, DPSD Capital Equipment, for the payment of various computer equipment.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
D.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Loan Account # 91C711, Building Remodeling - Various, and be appropriated to Parks Account # 72C703, Parks Building Rehabilitation, to allow for current and anticipated obligated payments related to Bancroft Tower.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
E.

Recommend that Fifty Six Thousand Six Hundred Fifty One Dollars And No Cents ($56,651.00) be transferred from Account #91C7804, Citywide Capital Equipment, to Account #26C701, Fire Capital Equipment.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
F.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred as follows: $100,000.00 from Loan Account #91C745, Sewer/Interceptor, and $50,000.00 to be transferred from Loan Account #91C7393B, Sewer Interceptors, and the total 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.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
G.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C734A, Sewer Capital Equipment, and be appropriated to DPW Account #44C704, Sewer Capital Equipment, to allow for the payment of this equipment (yard waste processor).

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
H.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7413K, North Lake Ave, and be appropriated to DPW Account #41C763, North Lake Ave Slope Failure, to allow for the payment of current and future obligations associated with this important street construction.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

9.32

FINANCE ITEMS
Grants and Donations
A.

Recommend adoption of a resolution to file and accept an Assessment Grant in the amount of Three Hundred Thousand Dollars and No Cents ($300,000.00) from the U.S. Environmental Protection Agency’s Brownfields Program.

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 
B.

Recommend adoption of a resolution to file and accept a grant in the amount of Thirty Thousand Dollars and No Cents ($30,000.00) from Walmart and ACT Foundation's National Retail Challenge grant.

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 
C.

Recommend adoption of a resolution to apply for, accept and expend funds in the amount of Sixty-Two Thousand Dollars and No Cents ($62,000.00) from Mass Dept of Environmental Protection for the 2016 Sustainable Materials Recovery Program (SMRP) Grant.

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 
D.

Recommend adoption of a resolution to accept a donation in the amount of Forty One Thousand Dollars and No Cents ($41,000.00) from the Worcester Rotary Club for the Recreation Worcester program.

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 
E.

Recommend adoption of a resolution to accept numerous small donations for a total amount of Four Hundred Ten Dollars And No Cents ($410.00) to the Worcester Public Library.

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 
F.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of up to Nine Hundred Nine Thousand Eight Hundred Twenty Seven Dollars and no cents ($909,827.00) from the Massachusetts State 911 Department, a division of the Massachusetts Executive Office of Public Safety, for the FY 2017 Support and Incentive Program.

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

9.33

FINANCE ITEMS
Operational Transfers
A.

Recommend that Fifteen Thousand Two Hundred Twenty Two Dollars And No Cents ($15,222.00) be transferred from Account #04T803, OPEB Trust Reserve, and be appropriated to Account #663-96000, Health Insurance, to provide funding for Fiscal Year 2017 1st Quarter health insurance expenses for Airport retirees, per the request of Thomas F. Zidelis, Chief Financial Officer.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

9.34

FINANCE ITEMS
Prior Year
A.

Recommend that One Hundred Sixty One Dollars and No Cents ($161.00) be authorized from Account #043-92111, Office of Economic Development, for payment of a prior year invoice.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
B.

Recommend that Two Thousand Seven Hundred Forty One Dollars And Sixty Seven Cents ($2,741.67) be authorized from Account #260-92000, Worcester Fire Department Ordinary Maintenance.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

9.35

FINANCE
Loan Orders
 

9.36

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting informational communication relative to 2016 Thanksgiving Day donations by City employees.

Attachments

Placed on file

 
10.

RECESS TO FINANCE COMMITTEE - No items pending

11.

TO BE ORDAINED

11a.

Amend the Compensation of the Cultural Development Officer.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

12.

TABLED ITEMS

12a.

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)

Attachments

No action taken

 

12b.

COMMUNICATION of the City Manager transmitting informational communication relative to the Brittan Square Parking Lot. (Tabled - Palmieri January 7, 2015 and January 13, 2015)

Attachments

No action taken

 

12c.

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)

Attachments

No action taken

 

12d.

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)

Attachments

No action taken

 

12e.

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)

Attachments

No action taken

 

12f.

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)

Attachments

No action taken

 

12g.

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)

Attachments

No action taken

 

12h.

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)

Attachments

No action taken

 

12i.

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

Attachments

No action taken

 

12j.

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)

Attachments

No action taken

 

12k.

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)

Attachments

No action taken

 

12l.

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)

Attachments

No action taken

 

12m.

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)

Attachments

No action taken

 

12n.

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)

Attachments

No action taken

 

13.

BUSINESS UNDER SUSPENSION - Item brought forth under suspension at the November 22, 2016 City Council meeting.

13a.

ORDER of Councilor Michael T. Gaffney – Request City Council eliminate funding for 89 Austin St. and approve a transfer of $76,190.00 from and to various CDBG accounts to provide sufficient funding for anticipated project costs for the demolition of five buildings. – Item #18a Order adopted as amended on a roll call vote of 7 Yeas and 2 Nays

 

13b.

ORDER of Councilor Michael T. Gaffney – Request City Manager request Commissioner of Inspectional Services provide City Council with a report outlining the dates of determination to demolish 89 Austin St., the date of the issuance of the RFP and any other relevant dates concerning the demolition of 89 Austin St. – Item #18b Order adopted

 

13c.

ORDER of Councilor Michael T. Gaffney – Request Manager provide City Council with a copy of the Building Demolition Delay Waiver Application and Certificate of Appropriateness for 89 Austin St., with the date of the document and the date it was received, as was filed in connection with the Historical Commission and heard on June 9, 2016. – Item #18c Order adopted

 

13d.

ORDER of Councilor Konstantina B. Lukes – Request City Manager request City Assessor provide City Council with a report concerning how they handle defining what tax exempt entities are in the City, in terms of being eligible for tax exempt status. – Item #18d Order adopted

 

13e.

ORDER of Councilor Konstantina B. Lukes – Request City Manager request City Solicitor provide City Council with a report detailing the definition of tax exempt properties, who is eligible to exempt their properties from taxes and what the City Assessor must go through determining who fits those categories. – Item #18e Order adopted

 

13f.

ORDER of Councilor Kathleen M. Toomey – Request City Manager inquire with the Department of Revenue as to what point, if any, an entity loses its tax exempt status if it is no longer being used for its intended purpose. – Item #18f Order adopted

 

13g.

ORDER of Councilor Tony Economou – Request City Manager include City Council in any decision making concerning the removal of items similar to chains, gates, signs and fences within public parks. – Item #18g Order adopted

 

13h.

ORDER of Mayor Joseph M. Petty – Request City Manager implement free parking in Downtown Worcester during the holiday season. – Item #18h Order adopted

 

13i.

ORDER of Councilor Tony Economou – Request City Manager work with the necessary entities to bring back the mailboxes at Lincoln Village. – Item #18i Order adopted

 

13j.

ORDER of Councilor Kathleen M. Toomey – request City Manager reach out to the United States Postal Service for a response concerning mail pickup in Lincoln Village. – Item #18j Order adopted

 

14.

NEW BUSINESS UNDER SUSPENSION - Item brought forth under suspension at the November 29, 2016 City Council meeting.

14a.

Motion Russell @ # 9.7A CM – Request City Manager request Commissioner of Public Works and Parks provide City Council with a report detailing the construction project on Hamilton St.

Attachments

Order adopted

 

14b.

Motion Economou @ # 9.7A CM – Request City Manager request Commissioner of Public Works and Parks provide City Council with a report concerning when the street resurfacing budget is projected to come forward.

Attachments

Order adopted

 

14c.

Motion Lukes @ #9.8A CM - Request City Manager amend the City’s donation policy so that any donation the City accepts does not have a name attached to it.

Attachments

Order denied on a roll call vote of 1 Yea and 10 Nays (Yea - Lukes)

 

14d.

Motion Toomey – Suspension of Rules – Request City Clerk create a dictionary of government terms used during City Council meetings to be posted on the City’s website.

Attachments

Order adopted