CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 13, 2016

Esther Howland Chamber

Convened: 7:12 P.M.

Adjourned: 9:12 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 November 29, 2016.

Mayor Petty recognized the following speakers:
1. George Valeri, Worcester resident
2. Michael Covino, Worcester resident
3. Mildred Collins, Worcester resident
4. Lori Cairns, Worcester resident
5. Idella Hazard, Worcester resident
6. Harry Kokkinis, Worcester resident
7. Dan Bennett, Worcester resident
8. Timothy Murray, Worcester resident
9. Steve Quist, Worcester resident
10. Wayne Griffin, Worcester resident
11. Eric Tokino, Worcester resident
12. Timothy McGourthy, Worcester resident

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, INC for a jointly-owned pole on: IROQUOIS ST./QUISSETT ST. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC for a jointly-owned pole on: IROQUOIS ST./QUISSETT ST.

HEARING: To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2017.

COMMUNICATION of the City Manager transmitting informational communication relative to the preliminary Fiscal Year 2017 Tax Classification.

COMMUNICATION of Timothy J. McGourthy, Executive Director for Worcester Regional Research Bureau, Inc. transmitting communication regarding "Tax Classification: Passing the Buck$ - Ending the Tug-of-War Among Worcester Taxpayers." (Held to be First Item of Business on December 13, 2016 - Lukes November 22, 2016)

COMMUNICATION of the City Auditor 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). (Tabled Under Privilege - Lukes November 15, 2016 and Held to be First Item of Business on December 13, 2016 - Mero-Carlson November 22, 2016)

COMMUNICATION of Mayor Joseph M. Petty transmitting "A Report of the Discussions of the Mayor’s Tax Policy Committee." (Tabled Under Privilege - Lukes November 15, 2016 and Held to be First Item of Business on December 13, 2016 - Mero-Carlson November 22, 2016)

Paul Zendzian request the sections of fence that were removed when the City did work on a water line at 14 Hanna Rd. be replaced.

Premtina Thamel request potholes in Sever St. in the vicinity of Highland St. and Dayton St. be repaired.

Premtina Thamel request the entire length of Sever St. be resurfaced.

Michael Yvanauskas and Ann Bremer request the handicap parking space in front of 9 Winslow St. be removed.

Nathan Fitch request installation of a stop sign at the intersection of Boyden St. and Clay St.

Samuel Bucciaglia request installation of a handicap parking space in front of 11 New York St.

Councilor Candy Mero-Carlson request installation of a "Blind Driveway" sign at the intersection of Ansonia Rd. and Dominion Rd.

Councilor Candy Mero-Carlson request installation of "Thickly Settled" signage in Dominion Rd.

John Gleason request signage and/or a warning system be put up at the crosswalk in front of 274 Lincoln St.

NATIONAL GRID for a manhole location at: JANICE NADEAU WAY/SOUTHGATE ST./AMORY ST.

VERIZON NEW ENGLAND INC. for a conduit location at: GODDARD MEMORIAL DR. AND AIRPORT DR.

VERIZON NEW ENGLAND INC. for a conduit location at QUINSIGAMOND AVE. AND CAMBRIDGE ST.

NATIONAL GRID & VERIZON NEW ENGLAND, LLC. for jointly-owned pole at: STAFFORD ST.

Jo Hart request that each item on the City Council agenda being reported out of a Standing Committee list the roll call vote taken at the Standing Committee’s meeting on the City Council agenda, in the interest of a more open City government.

Ermal Krol request installation of surveillance cameras at 75 Townsend St. to help prevent illegal dumping.

Transmitting informational communication relative to the reappointment of Jose Castillo and Samantha Fiakofi to the Worcester Arts Council.

Recommend appointment of Barbara Haller to the License Commission.

Recommend reappointment of Deborah Hall to the Advisory Committee on the Status of Women.

Recommend reappointment of Robert Haddon and Joseph Wanat to the Zoning Board of Appeals.

Recommend reappointment of Vincent Pedone to Chair the Worcester Redevelopment Authority.

Recommend adoption of a salary ordinance amendment to allow for an increase in the flat rate of pay for the City's Snow Customer Service Representatives.

Recommend adoption of an Order of Taking for the Appalachian Mountain Club property.

Recommend adoption of an Order of Taking for 58 acres in the watershed of the City's Holden No 1 Reservoir.

Recommend adoption of an Order of Taking for 36.49 acres in the watershed of the City's Quinapoxet Reservoir.

Transmitting informational communication relative to a plan for immediate remediation of flooding on Franklin St. in the vicinity of Jack Barry Field.

Transmitting informational communication relative to the Route 20 Sewer Extension Project.

Transmitting informational communication relative to the Hope Cemetery Master Plan Meeting scheduled for Monday, December 19, 2016 at 4pm at the Hope Cemetery Administration Building, 119A Webster Street.

Transmitting informational communication relative to the Rectangular Field Master Plan Meeting scheduled for Thursday, December 15, 2016 at 6:30pm at the Parks, Recreation & Cemetery Division Administrative Office, Meeting Room A, 50 Skyline Drive.

Transmitting informational communication relative to a report concerning the early election process.

Recommend adoption of an Order relative to the Elderly Exemption Program.

Transmitting informational communication relative to Tax Classification Amendments

Transmitting informational communication relative to the biannual actuarial valuation of the City's Other Post-Employment Benefits program (OPEB) as of July 1, 2015, prepared by KMS Actuaries, LLC.

Recommend that Twenty Four Thousand Five Hundred Thirty Seven Dollars And Forty One Cents ($24,537.41) be transferred from Loan Account #91C7804, Capital Equipment, and be appropriated to DPW Account #41C703, Capital Equipment, to allow for the payment of this vehicle.

Recommend that Two Hundred Sixty Thousand Dollars And No Cents ($260,000.00) be transferred from Loan Account #91C744B, Off Street Parking Building Rehab, and be appropriated to DPW Account #46C707, Parking Garages - Improvements, to allow for payment of current and anticipated obligations associated with continued upgrades of the fire alarm system and substantial elevator repairs at the Major Taylor Garage.

Recommend that Twenty Five Thousand Five Hundred Thirty Seven Dollars And Forty One Cents ($25,537.41) be transferred from Loan Account #91C7804, Capital Equipment, and be appropriated to DPW Account #41C703, Capital Equipment, to allow for the payment of this vehicle.

Recommend that One Hundred Five Thousand Five Hundred Dollars And No Cents ($105,500.00) be transferred from Loan Account #91C731A, Water Capital Equipment, and be appropriated to DPW Account #45C703, Water Capital Equipment, to allow for the payment of this dump truck.

Recommend that Four Hundred Sixty Thousand Dollars And No Cents ($460,000.00) be transferred from Loan Account #91C7131A, Filtration Plant Modifications, and be appropriated to DPW Account #45C768, Water Filtration Plant, to allow for the payment of anticipated obligations associated with the Water Filtration Plant .

Recommend Twenty Nine Thousand Three Hundred Thirty One Dollars And Thirty Four Cents ($29,331.34) be transferred from Account #91C7114, Citywide Building Rehab, to Account #11C70203, EAM 25 Meade St Rehab. This transfer of funds is for the final payment, including retainage, for the RTU Replacement Project that was previously approved in FY16 CIP.

Recommend that Four Hundred Sixty Thousand Dollars And No Cents ($460,000.00) be transferred from Loan Account #91C7384, Reservoir Remodeling, and be appropriated to DPW Account #45C728, Reservoir Rehabilitation, to allow for payment of current and future engineering services.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred as follows: $300,000.00 from Loan Account #91C7414B, Street Resurfacing, and $200,000.00 from Loan Account #91C7413C, Street Resurfacing, and the total amount of $500,000.00 be appropriated to DPW Account #41C741, Street Resurfacing, to allow for the payment of current and future obligations.

Recommend that Two Hundred Sixty Thousand Dollars And No Cents ($260,000.00) be transferred from Account #91C752, Union Station Garage, to Account #68C702, Technical Service Building Rehab, to allow for the payment of costs associated with the outfitting of the new Emergency Operations Center (EOC). These funds will cover future obligations concerning technical equipment necessary for the EOC. This request will transfer unexpended funds previously issued for projects that are now complete, as allowable under M.G.L Chapter 44 Section 20.

Recommend adoption of a resolution to accept in-kind promotional advertisements valued at Three Thousand Seventy Five Dollars and No Cents ($3,075.00) from Charter TV3 to promote the annual Festival of Lights.

Recommend adoption of a resolution to accept a grant of up to One Hundred Thousand Dollars and No Cents ($100,000.00) from the Commonwealth of Massachusetts Executive Office of Housing and Economic Development MassWorks Infrastructure Program.

Recommend adoption of a resolution to file, accept and expend a grant of up to Forty-Five Thousand Dollars And No Cents ($45,000.00) from CDBG funds, to support Elder Affairs programs at the Worcester Senior Center.

Recommend adoption of a resolution to accept a donation in the amount of Eight Dollars and Twenty Two Cents ($8.22) from Skyhawks Sports Academy, Inc., to be used for future Recreational Programs

Recommend that One Million Seventy Thousand Nine Hundred Fifty One Dollars And Fifty Four Cents ($1,070,951.54) be transferred from Account #33100 - Fund 2W, Water Enterprise Retained Earnings, and that $925,951.54 be appropriated to Account #450103-92138, Water O.M. - Reservoirs, and that $145,000.00 be appropriated to Account #450104-92104, Water O.M. - Emergency Pumping, to allow for the payment of these current obligations.

Recommend that Six Hundred Seven Thousand One Hundred Dollars And No Cents ($607,100.00) be transferred from various CDBG accounts, and be appropriated to various CDBG accounts, to fund projects approved as part of the City's Substantial Amendment to the CDBG Year 42 Action Plan.

Recommend City Council's authorization of the following uses of the Revolving Fund Accounts in Fiscal Year 2017, at the limits in each account. These Revolving Fund Accounts were established so that revenue derived from a particular service is allowed to be used for associated program costs. These accounts require annual authorization from City Council prior to the certification of the tax rates by the Department of Revenue.

Recommend that One Hundred Forty Nine Thousand Seven Hundred Ninety One Dollars and No Cents ($149,791.00) be transferred to finalize the City's FY17 annual budget, and furthermore, recommend that Five Million Four Hundred Eighty Eight Thousand Seven Hundred Twenty One Dollars and No Cents ($5,488,721.00) in certified FY16 free cash be appropriated to various departmental accounts.

Transmitting informational communication relative to a project update of the move of Stearns Tavern to Coes Park.

REPORT OF THE PLANNING BOARD Upon the Petition of Robert Branca, Jr. Manager of Branded Realty Group LLC request to extend the RG-5 Zoning District to encompass the entire parcel at 80-100 Wall St. and 38 Norfolk St.

REPORT OF THE PLANNING BOARD Upon the Petition of Craig Blais, President New Garden Park Inc. request to discontinue and remove a portion of the area known as Pond St. from the Official Map.

COMMUNICATION of Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to the quarterly update report of economic development initiatives. (Tabled Under Privilege - Economou December 6, 2016)

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to a legal opinion concerning establishing an Historic District for Mt. Carmel Church property: recommend adoption of the accompanying Order that the City Council does hereby request the establishment of a Historic District for the Mt. Carmel property that includes the church, rectory, recreation center and ball field. (Tabled Under Privilege - Bergman December 6, 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)

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report addressing why the City does not regularly provide reports concerning investment holdings and earnings. – Item #21a Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning whether Fitch Rating’s report’s statement concerning the City’s levy capacity not being sufficient to warrant a stronger assessment is in relation to the City’s property assessments. Further, request City Manager include in said report how much flexibility there is when determining what the property assessments are in the City. – Item #21b Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with an explanation of any concerns the City has regarding the erosion of the City’s tax base and its effect on a downgrade in rating. – Item #21c Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager request City Solicitor provide City Council with a legal opinion concerning if the City’s ordinance for smoking in public can be applied to smoking marijuana. – Item #21d Order adopted

ORDER of Councilor Khrystian E. King – Request City Manager reach out to the State Delegation and report back to City Council concerning steps the Delegation plans to take concerning the implementation of legalized recreational marijuana. – Item #21e Order adopted

ORDER of Councilor Tony Economou – Request City Manager invite State Senator Michael Moore to discuss and educate City Council concerning the positives and negatives of what happened as a result of the legalization of marijuana in Colorado. – Item #21f Order adopted

ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with a report concerning if dispensaries in the City will only be able to sell medicinal marijuana or if recreational marijuana is also permitted for sale with the implementation of new marijuana laws. – Item #21g Order adopted

ORDER of Councilor Tony Economou – Request City Manager provide City Council with a report concerning the increase of cost in recycling operations if the City were to implement a program where residents would place their recyclables in a clear bag for pickup. Further, request City Manager include in said report the savings the company responsible for recycling pickups in Worcester would incur if plastic bags were used for pickup. – Item #21h Order adopted

PETITION of Councilor Tony Economou on behalf of Beverly Julian request installation of “No Parking Anytime” signage to the left of the driveway at 240 Mountain St. East. – Item #21i Referred to Traffic and Parking Committee

PETITION of Councilor Tony Economou request installation of a stop line and stop sign where Barrett Ave. intersects with West Chester St. – Item #21j Referred to Traffic and Parking Committee

PETITION of Councilor Tony Economou on behalf of Russell Pichette request installation of “No Parking Anytime” signage on the easterly side of Fatima Lane from Clark St. to the mailboxes. – Item #21k Referred to Traffic and Parking Committee

Motion Economou @ #8a CC - That the tax rate for Fiscal Year 2017 be set at $19.63 for Residential Property and $32.00 for Commercial, Industrial and Personal Property.

Motion Mero-Carlson @ #8a CC - That the tax rate for Fiscal Year 2017 be set at $19.25 for Residential Property and $32.99 for Commercial, Industrial and Personal Property.

Motion Gaffney @ #8a CC - That City Council leave the current tax rates as they are and substitute the remaining tax levy increase by increasing local receipt estimates contained in the FY 2017 Budget by $2,462,496.00 and decreasing the property taxes levied by $2,462,496.00.

Motion Russell @ #8a CC - Request City Manager provide City Council with a tax rate table summarizing the possible tax rate options based on a tax levy of approximately $280,000,000.00.

Motion Toomey @ #8c CC - Request City Manager provide City Council with a report concerning the cost for increasing the number of exemptions given to elderly residents.

Motion Petty @ #8a CC - Request City Manager provide City Council with a report concerning the pros and cons if the tax classification rate is based on a tax levy of approximately $280,000,000.00.

Motion Russell @ #8a CC - Request City Manager provide City Council with the in depth report concerning the average and median increases for apartment buildings as well as the other different categories that are not single or two family residential homes.

Motion Toomey @ #11.6D CM – Request City Manager provide City Council with a report regarding the list of projects currently being implemented to remediate flooding on Franklin St. in the vicinity of Jack Barry Field.

Motion Petty @ #11.23A CM – That City Council does hereby approve the implementation of early voting for local municipal elections. Further, the City Manager is hereby requested to work with the City’s state delegation to change the language in M.G.L. Chapter 54, section 25B and explore steps necessary to implement early voting in local elections.

Motion Lukes @ #13b CC – Request City Manager add a column to the Quarterly Economic Development Update that identifies which economic development projects have TIFs, including in said column the status of their compliance with the TIF requirements. Further, request City Manager include in said reports how much the lost revenue is costing the City.

Motion Petty – Suspension of Rules – Request City Manager consider reporting to City Council concerning any information regarding the availability of NBC in the vicinity of Worcester.

Motion Economou – Suspension of Rules – Request City Manager determine who is responsible for shoveling the sidewalk in West Boylston St. from 541 West Boylston St., Art’s Diner, to New Bond St., and if the City is responsible, request the Commissioner of Public Works and Parks get staff there to shovel out sidewalks and bus stops in that area.