CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 7, 2017

Esther Howland Chamber

Convened: 7:00 P.M.

Recessed to Executive Session: 8:10 P.M. Reconvened to Open Session from Executive Session to Adjourn: 8:30 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Mayor Petty presented Spay Worcester, a task force of the Massachusetts Animal Coalition, with a Key to the City for their work to reduce free roaming cats in the City of Worcester. The Key to the City was presented to Karen Powers, who also spoke to the City Council on Spay Worcester’s behalf, as well as Jerry Powers, Jenna Pitman and Leona Pease.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of January 24, 2017.

Mayor Petty recognized the following speakers:
1. Idella Hazard, Worcester resident
2. Gwen Davis, Worcester resident

Hearing: NATIONAL GRID for a conduit location at: CLARENCE ST./CHADWICK ST./ROSEMONT ST. Granting permission to NATIONAL GRID for a conduit location at: CLARENCE ST./CHADWICK ST./ROSEMONT ST.

Nancy Jacobs et al request termination of the previous agreement and have the City plow, sand and salt Camelot Dr., Tristan Court and Merlin Court.

Phang Ho and Japhi Ly request sidewalk repair in front of 79 Sylvan St.

Scott Cossette request the City amend its Sidewalk Snow Removal Ordinance so that when the snow is too heavy, the City uses their own equipment to clear sidewalks in front of private residences, especially along the more traveled walking streets.

Councilor Gary Rosen request Circuit Ave. North be resurfaced.

Michael Stone et al request Wyola Dr. be surfaced.

James Bisceglia request to install speed limit signs on Honeysuckle Rd.

James Bisceglia request installation of stop sign in Honeysuckle Rd. where it intersects with Sophia Dr.

Gordon Davis request City Council establish a policy where the Police Department makes an annual, "Report on Hate Crimes and Harassment," for the period of January 1 to January 1, starting with January, 2016. Further, request City Council request the Human Rights Commission to hold public hearings concerning said reports within forty five (45) days of Martin Luther King Jr. Day, and the City Manager and Police Chief attend the public hearings.

Gordon Davis request City of Worcester pass a Resolution that will make all residents of Worcester safe from hate crimes and harassment and shall oppose all attempts to extort the City into an abrogation of its rules against discrimination and human rights.

Recommend approval of a salary ordinance amendment to bring the necessary job classifications for the Recreation Worcester Program up to date.

Recommend approval of a salary ordinance amendment to increase the flat rate of pay for a Temporary Laborer, in line with the recent minimum wage increases for several seasonal positions in the Division of Parks and Recreation.

Transmitting informational communication relative to HUD Regulations governing the granting of funds to organizations engaged in politics.

Recommend adoption of an Order to complete a reciprocal land swap transaction.

Recommend adoption of an Order to accept a Conservation Restriction on a 5-acre portion of 503-505 Mill Street.

Transmitting informational communication relative to Marwood Road and Dorset Street flooding.

Transmitting informational communication relative to the addresses of individuals appointed to various boards and commissions.

Transmitting communication relative to the 2017 MSBA Statement of Interest submissions for the consideration and vote of City Council.

Recommend that One Hundred Thirty Nine Thousand Three Hundred Twenty Dollars And Ninety Four Cents ($139,320.94) be transferred from Account #91C7804, Citywide Capital Equipment, to Account #68C701, Technical Service Capital Equipment, to cover the costs associated with the City Hall Phone System Upgrade.

Recommend that Fifteen Thousand Dollars And No Cents ($15,000.00) be transferred from Loan Account #91C784, Parks - Monuments and Memorials, and be appropriated to Parks Account #72C70249, Memorials & Monuments, to allow for current and anticipated contractual obligations.

Recommend that Sixty Five Thousand Dollars And No Cents ($65,000.00) be transferred from Loan Account # 91C7134, Water Mains, and be appropriated to DPW Account # 45C721, Water Mains, to allow for current and anticipated contractual obligations.

Recommend that Two Hundred Seventy Nine Thousand Dollars And No Cents ($279,000.00) be transferred from Loan Account # 91C7414, Street Construction, and be appropriated to DPW Account # 41C741, Resurfacing, to allow for the payment of current and future obligations.

Recommend that Fifty Eight Thousand Five Hundred Seventy Dollars And No Cents ($58,570.00) be transferred from Account #91C7114, Citywide Capital Rehabilitation, and be appropriated to Account #11C70203, EAM 25 Meade St Rehabilitation, to fund additional expenses associated with the replacement of the fire alarm panel that was struck by lightning.

Recommend that Four Hundred Twenty Thousand Ninety Two Dollars And Forty One Cents ($420,092.41) be transferred from Account #75C504, DCU Special District, and be appropriated to Account #75C702, Civic Center Rehabilitation, to fund costs associated with the mandated fire alarm upgrade, design work for the fire alarm and lighting upgrades, and escalator repairs.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of One Hundred Dollars and No Cents ($100.00) from Quyen Thao Duong Lieu. This generous donation from a Worcester resident will be used to support programs for children and their families in the Worcester community.

I respectfully recommend adoption of a resolution to accept with gratitude a donation of gifts totaling Four Hundred Eighty Five Dollars And No Cents ($485.00) from the Friends of the Worcester Public Library.

Recommend adoption of a resolution to apply for, accept and expend grant funds from the Environmental Protection Agency's FY17 Environmental Workforce Development and Job Training grant to be used by the Central Mass Workforce Investment Board. The total award amount for this funding opportunity is Two Hundred Thousand Dollars ($200,000.00).

Recommend that Ninety Nine Thousand Eight Hundred Fourteen Dollars And No Cents ($99,814.00) be transferred from Account #440-91000, Sewer Salaries, and be appropriated to Account #440-9720, Sewer Overtime, to allow overtime costs to be paid through June 30, 2017.

Recommend that Eighty Five Thousand Seven Hundred Fifty Dollars And No Cents ($85,750.00) be transferred from Account #270-91000, Communications Salaries, and be appropriated to Account #270-92000, Communications Ordinary Maintenance, to fund the payment of current and estimated departmental obligations and operations through the remainder of Fiscal Year 2017.

Recommend that Two Thousand Four Hundred Fifty Five Dollars And Sixteen Cents ($2,455.16) be transferred from Account #29-33007, Damage Settlement Account, and be appropriated to Account #2602-92201, Worcester Fire Department Ordinary Maintenance, per the request of Michael Lavoie, Fire Chief.

Recommend that Two Million Fifteen Thousand Six Hundred Forty Dollars And No Cents ($2,015,640.00) be transferred from Account #33100 - Fund 2W, Water Enterprise Retained Earnings, and be appropriated to Account #450103-92138, Water O.M. - Reservoirs, to allow for the payment of these current and anticipated obligations.

That a previously approved Loan Order be amended from Nine Million Three Hundred Sixteen Thousand Dollars and No Cents ($9,316,000.00) to Ten Million Nine Hundred Forty Five Thousand One Hundred One Dollars and No Cents ($10,945,101.00), in order to properly fund the MSBA Worcester Public Schools Accelerated Repairs Program.

Amending Section 2 of Article III of the Worcester Zoning Ordinance Adopted April 2, 1991 relative to a Zone Change in the vicinity of 128 Chandler Street.

ORDER of Mayor Joseph M. Petty and Councilor Khrystian E. King - Request City Manager work with Congressman McGovern and the Mayor to convene a regional transportation summit with the Central Massachusetts Regional Planning Council, representatives from the Governor’s office, the Massachusetts Department of Transportation and the state and federal legislative delegation to examine the expanding MBTA and Amtrak service to Boston, Springfield, Providence and New York City to the City of Worcester. (Tabled Under Privilege - Petty January 31, 2017)

ORDER of Mayor Joseph M. Petty and Councilor Gary Rosen - Request City Manager pursue grant monies from the Conservation Fund for Hadwen Park. (Tabled Under Privilege - Petty January 31, 2017)

ORDER of Councilor George J. Russell - Request City Manager have the Inspectional Services Department or Department of Public Works and Parks staff, including Nuisance Officers, enforce existing litter laws with recycling that is overloaded and not properly secured in recycling bins. Further, if existing ordinances are not in place, request City Manager consider having Law Department draft one. (Tabled Under Privilege - Petty January 31, 2017)

ORDER of Councilor Tony Economou and Councilor Morris A. Bergman - Request City Manager request City Solicitor confirm the existence of an easement in favor of the City of Worcester (see Worcester District Registry Book 04177, Page 102) to maintain, repair and improve sewer and drain pipes running through the following properties (as shown in Plan Book 232, Plan 62 recorded in the Worcester District Registry of Deeds): 27, 37,41,45,49,53,57,61, 65, and 69 Barry Rd. (Tabled Under Privilege - Petty January 31, 2017)

ORDER of Councilor Tony Economou and Councilor Morris A. Bergman - Request City Manager request Commissioner of Public Works and Parks proceed to maintain and repair sewer and drain pipes at 27, 37,41,45,49,53,57,61, 65, and 69 Barry Rd. (Tabled Under Privilege - Petty January 31, 2017)

ORDER of Councilor Konstantina B. Lukes - Request City Manager report to City Council concerning what TIF (Tax Increment Financing) recipients have been, in the past 5 years and/or are currently, in noncompliance with the terms of their TIF agreements, the manner of their noncompliance and what action has been taken by the City or the State in response to the noncompliance. (Tabled Under Privilege - Petty January 31, 2017)

ORDER of Councilor Konstantina B. Lukes - Request City Manager report to City Council concerning the ownership, type of home business and addresses of all home businesses, the restrictions and regulations defining a home business and what action is taken in the event that the owner of a home business does not comply with the conditions of establishing the home business. (Tabled Under Privilege - Petty January 31, 2017)

ORDER of Councilor Konstantina B. Lukes - Request City Manager report to City Council regarding whether a process of implementing the requirements of maintaining a home business could include an annual certificate of occupancy and whether the termination of the status of the home business location should the owner sell or move from the occupied location could be a condition of the original allowance of the home business. (Tabled Under Privilege - Petty January 31, 2017)

ORDER of Councilor Konstantina B. Lukes - Request City Manager report to City Council concerning the total amount of federal funding received by the City of Worcester in the past fiscal year and list the specific amounts and types of all federal funding. (Tabled Under Privilege - Lukes January 31, 2017)

ORDER of Councilor Konstantina B. Lukes - Request City Manager report to City Council concerning how Worcester would replace lost federal funding due to a sanctuary city status without raising taxes. (Tabled Under Privilege - Lukes January 31, 2017)

ORDER of Councilor Khrystian E. King and Councilor Sarai Rivera - Request City Manager provide City Council with a status update request that was previously requested for a report from the administration looking at best practices and evidenced based recommendations founded on research that will give the City Council and the community information on options when working with homeless populations. (Tabled Under Privilege - Petty January 31, 2017)

ORDER of Councilor Sarai Rivera - Request City Manager provide City Council with an update concerning an analysis of the traffic patterns in the vicinity of Woodland St. School for the purpose of instituting safety measures for the area during arrival and dismissal of students. (Tabled Under Privilege - Petty January 31, 2017)

ORDER of Councilor Sarai Rivera - Request City Manager install a surveillance camera in Benefit St. in front of the Community Garden as a means to curb illegal dumping in the area. (Tabled Under Privilege - Petty January 31, 2017)

ORDER of Councilor Sarai Rivera - Request City Manager request Commissioner of Public Works and Parks install signage concerning the new Dog Park Ordinances in Maloney Field. (Tabled Under Privilege - Petty January 31, 2017)

RESOLUTION of Councilor Candy Mero-Carlson - That the City Council of the City of Worcester does hereby recognize and congratulate the Administration’s efforts, as the Green Hill Golf Course was recently awarded the Worcester Business Journal’s Best of Business 2017 Award for being the Best Public Golf Course. (Tabled Under Privilege - Petty January 31, 2017)

COMMUNICATION of Edward M. Augustus, Jr., City Manager, transmitting a communication requesting that City Council convene in executive session on February 7, 2017 to discuss litigation strategy with respect to the consolidated matters of Green Landscapes LLC vs. City of Worcester, Massachusetts. (Tabled Under Privilege - Petty January 31, 2017)

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 request City Solicitor review adding additional language to the granting of National Grid’s petition for a conduit location at Clarence St./Chadwick St./Rosemont St. as follows: “As a condition to the granting of the permission to excavate the public highways, National Grid agrees to restore any public or private ways that are subject to excavation to their original condition, no later than twelve (12) months after the excavation.” – Item #23a Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Auditor provide City Council with a report listing all governmental funds from Page 14 of the Comprehensive Annual Financial Report separately so that it can be determined where the funds are going. – Item #23b Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Auditor provide City Council with a glossary for the Comprehensive Annual Financial Report that explains fund balances, general fund, capital assets, free cash, total net position, fiscal year, deferred inflows, deferred outflows, the International Service Fiduciary Accounts, deficit balance, unrestricted net position, OPEB, accrued liabilities, and payroll warrants. – Item #23c Order adopted

Motion Lukes @ #9.13A CM – Request City Manager include a notation on all resumes of individuals being confirmed for a Board or Commission that indicates the person is a resident of Worcester.

Motion Economou @ #7a CC - Request City Manager request Commissioner of Public Works and Parks look into any public resources that are available for storage of materials used during conduit work at Clarence St./Chadwick St./Rosemont St., such as Francis McGrath Elementary School or Forest Grove Middle School. Further, request City Manager request Commissioner of Public Works and Parks consider where materials used during all conduit work will be stored overnight moving forward.

Motion Lukes @ #7a CC - Request Standing Committee on Public Works meet with all utility companies that deal with conduit street construction to discuss the their processes for updating or installing new services to a business or the public.

Motion Lukes @ #12a CC – Request City Manager broaden the scope of any conversations for the expansion of MBTA and Amtrak services to and from Worcester so that representatives from Rhode Island, Connecticut, Washington, D.C. and other surrounding areas are present.

Motion Russell @ #12c CC – Request City Manager provide City Council with a report concerning what rules and regulations are currently in tact concerning recycling protocols in the City.