CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 12, 2017

Esther Howland Chamber

Convened: 7:07 P.M.

Recessed to Executive Session: 7:32 P.M. Reconvened to Open Session from Executive Session to Adjourn: 8:09 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Mayor Petty presented Michael Sloan, IV with a Certificate of Special Mayoral Recognition for the endless time and energy he devoted to the Indian Lake Watershed Association. Mr. Sloan received the award with his family in attendance.

Mayor Petty presented Sally Jablonski with a Certificate of Special Mayoral Recognition for being chosen as one of the Top Ten Floral Designers in the United States. Ms. Jablonski is set to compete in the FTD America’s Cup 2018.

Mayor Petty recognized Edward J. Pietrewicz, who was celebrating his 80th birthday.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of November 28, 2017.

Mayor Petty recognized the following speaker:
1. Idella Hazard, Worcester resident

ORDER of Mayor Joseph M. Petty - That the City Council convene in Executive Session at the December 12, 2017 meeting to discuss strategy with respect litigation in the case of Fargo Management LLC versus the City of Worcester at the conclusion of the regular meeting.

Hearing: NATIONAL GRID for a conduit location at: MISCOE RD./MYRNA RD./BAILIN DR. Granting permission to NATIONAL GRID for a conduit location at: MISCOE RD./MYRNA RD./BAILIN DR.

Dennis Montgomery III request curb repair in front of 68 Wyola Dr. due to damage from the city's leaf collecting machine.

Laura Lopez request sidewalk repair in front of 71 Gates St.

Bob Keidan request the grass on the corner of Chandler St. and May St. sidewalk be replaced with cement or black top.

Councilor George J. Russell request to ban large trucks from Warner Ave.

Noelle Dowd request installation of a handicap parking space on Rugby St. in the vicinity of the rear of 226 Ingleside Ave.

Transmitting informational communication relative to the reappointment of Jerry Gurwitz to the Health Board.

Transmitting informational communication relative to the reappointment of Jacob Poplaski and Hank VonHellion to the Worcester Arts Council.

Transmitting informational communication relative to the appointment of Benjamin Carver to the Conservation Commission.

Transmitting informational communication relative to the appointment of Paul DePalo to the Planning Board.

Transmitting informational communication relative to the appointments of Andrew Freilich and Russell Karlstad to the Zoning Board of Appeals.

Transmitting informational communication relative to the Quinsigamond Avenue partial assignment of an easement to Massachusetts Electric Corporation.

Recommend adoption of an order relative to Snow Plow Contractor Conflict of Interest exemption requests.

Transmitting informational communication relative to an outstanding achievement award for Michael P. Hirsh, MD.

Recommend that Sixty Three Thousand Dollars And No Cents ($63,000.00) be transferred from Account #330-08, Premium on Loans, to Account #26C701, Worcester Fire Department Capital Equipment.

Recommend that Eleven Thousand Thirty Dollars And Ninety Five Cents ($11,030.95) be transferred from Loan Account #91C7354, Sewer Rehab, 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 Eight Thousand Three Hundred Eighty Nine Dollars And Seventy Six Cents ($8,389.76) be transferred from Loan Account #91C7354, Sewer Rehab, and be appropriated to DPW Account #44C705, Sewer Capital Outlay, to allow for anticipated rehabilitation and improvements to the sewer facilities.

Recommend that Six Thousand Nine Hundred Twenty Dollars And Fifty Four Cents ($6,920.54) be transferred from Loan Account #91C7354, Sewer Rehab, and be appropriated to DPW Account #44C707, Sewer Generators.

Recommend that Two Hundred Forty Three Thousand Eight Hundred Three Dollars And Forty Seven Cents ($243,803.47) 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 budgeted and approved equipment.

Recommend that Two Hundred Twenty Nine Thousand Four Hundred Ninety Four Dollars And Seventy Four Cents ($229,494.74) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C751, Sewer/Interceptor Inspection, to allow for the payment of current and future obligations.

Recommend that Twenty Seven Thousand Seven Hundred Twenty Six Dollars And Three Cents ($27,726.03) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C724, Belmont Street/Lake Ave Sewer Project, to allow for the payment of current obligations associated with this capital project.

Recommend that One Million Eight Hundred Thousand Dollars And No Cents ($1,800,000.00) be transferred from Loan Account #91C745B, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Construction, to allow for the payment of current and anticipated invoices associated with sewer improvements.

Recommend that Nine Hundred Sixteen Thousand Six Hundred Eight Dollars And Sixty Three Cents ($916,608.63) be transferred from Loan Account #91C7454, Sewer Construction, and be appropriated to DPW Account #44C732 - Sewer System Control Plan, to allow for current and anticipated payments associated with Combined Sewer Overflow.

Recommend that Three Hundred Twenty Eight Thousand Sixty Dollars And Twenty Three Cents ($328,060.23) be transferred from the following: Loan Account #91C7354, Sewer Rehab ($75,578.02), and Loan Account #91C7454, Sewer Construction (252,482.21), and the total be appropriated to DPW Account #44C771, Infiltration/Inflow, to allow for the payment of current and future obligations.

Recommend that Two Hundred Eighty One Thousand Eight Hundred Fifty Five Dollars And Seventeen Cents ($281,855.17) be transferred from Loan Account #91C7354, Sewer Rehab, and be appropriated to DPW Account #44C764, Sewer Pumping Station Rehab, 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 Thousand Two Hundred Fifty Dollars And No Cents ($20,250.00) be transferred from the following: Loan Account #91C702, Water Shed Land ($798.35); Loan Account #91C7022B, Water Shed Land ($10,550.00); Loan Account #91C7023A, Water Shed Land ($8,901.65), and that the total be appropriated to DPW Account #45C786, Water Shed Land, to allow for the purchase of land and conservation restrictions in the City's watershed to prevent development and to protect the water supply.

Recommend that Three Hundred Seventy Six Thousand Three Hundred Forty Five Dollars And Five Cents ($376,345.05) be transferred from Loan Account #91C7134, Water Mains, and be appropriated to DPW Account #45C720, Water Mains, to allow for contractually obligated payments associated with replacements and upgrades.

Recommend that One Million Four Hundred Fifty Three Thousand Six Hundred Fifty Four Dollars And Ninety Five Cents ($1,453,654.95) be transferred from Loan Account #91C7134, Water Mains, and be appropriated to DPW Account #45C721, Water Mains, to allow for current and anticipated contractually obligated payments associated with water mains contracts.

Recommend that One Hundred Eleven Dollars And Fifty Two Cents ($111.52) be transferred from Loan Account #91C731A, Water Capital Equipment, and be appropriated to DPW Account #45C703, Water Capital Equipment, to support costs associated with the cargo van approved in the FY17 CIP.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C737A, Water Meters, and be appropriated to DPW Account #45C794, Water Meters, to allow for the payment of current and future obligations.

Recommend that Twenty Three Thousand Six Hundred Eighty One Dollars And Nineteen Cents ($23,681.19) be transferred from Loan Account #91C744, Off Street Parking Building Rehab, and be appropriated to DPW Account #46C707, Parking Garages - Improvements, to provide funding for construction costs at the Federal Plaza garage.

Recommend that One Hundred Thirty Two Thousand Five Hundred Fifty Dollars And No Cents ($132,550.00) be transferred from Loan Account #91C7412J, Street Construction, and be appropriated to DPW Account #41C792, Grafton Street Improvements, to allow for the payment of current and future obligations.

Recommend that Three Hundred Four Thousand Four Hundred Sixty Dollars And Eighty Six Cents ($304,460.86) be transferred from Loan Account #91C7414, Street Construction, and be appropriated to DPW Account #41C763, North Lake Ave Slope Repairs, to allow for current and anticipated payments associated with the slope failure repairs on North Lake Ave.

Recommend that Four Hundred Seventy Eight Thousand Nine Hundred Forty One Dollars And Thirteen Cents ($478,941.13) be transferred from Loan Account #91C741A, Sidewalk Improvements, and be appropriated to DPW Account #41C797, Sidewalks, to allow for the payment of current and future obligations.

Recommend that Five Hundred Fifty Five Thousand Dollars And No Cents ($555,000.00) be transferred from Loan Account #91C741I, Citywide Street Improvements, and be appropriated to DPW Account #41C741, Resurfacing, to fund current and future construction costs.

Recommend that Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) be transferred from the following: Loan Account #91C7153A, Dam Improvements ($150,000.00), and Loan Account #91C715A, Dam Improvements ($200,000.00); and that the total be appropriated to DPW Account #41C707, Dam Safety Regulations, to allow for the payments of current and future obligations.

Recommend that Thirty Six Thousand Eight Hundred Thirty Five Dollars And No Cents ($36,835.00) be transferred from Loan Account #91C7412J, Street Construction, and be appropriated to DPW Account #41C787, Canal District improvements, to allow for contractual obligations for the design associated with transportation improvements.

Recommend that One Hundred Thirty One Thousand Fifty Eight Dollars And Eighty Seven Cents ($131,058.87) be transferred from the following: Loan Account #91C7413Q, Street Construction ($110,000.00) and Loan Account #91C741A, Sidewalks ($21,058.87); and that the total be appropriated to DPW Account #41C796, Downtown Streets & Sidewalks, to allow for the payment of current and future obligations associated with this project.

Recommend that Seventy Thousand Dollars And No Cents ($70,000.00) be transferred from Loan Account #91C7113L, MSBA Rehab - South High, and be appropriated to DPW Account #41C789, South High improvement, to allow for current and anticipated payments for the repairs and construction at South High.

Recommend that Fourteen Thousand Four Hundred Fifty Dollars And Twenty One Cents ($14,450.21) be transferred from Loan Account #91C7934, Golf, and be appropriated to Golf Account #71C702, Golf Course, to fund current and future construction renovation costs at the Green Hill Golf Course.

Recommend that Four Thousand Three Hundred Eighty Five Dollars And Twenty Eight Cents ($4,385.28) be transferred from Loan Account #91C784AR, Park Improvements, and be appropriated to Parks Account #72C70205, Vernon Hill, for the purpose of paying contractually obligated payments.

Recommend that Sixteen Thousand Seven Hundred Ninety Six Dollars And Two Cents ($16,796.02) be transferred from Loan Account #91C784AI, Park Improvements, and be appropriated to Parks Account #72C70250, Dog Park, to allow for the payments of current and anticipated obligations associated with the Dog Parks.

Recommend that One Hundred Eighty Five Thousand Seven Hundred Fifty Nine Dollars And Nineteen Cents ($185,759.19) be transferred from Loan Account #91C7844, Park Improvements, and be appropriated to Parks Account #72C70243, Providence Street Playground, to fund current and future construction costs for the Glodis Field Project.

Recommend that Ninety Five Thousand Seven Hundred Twenty Dollars And Twelve Cents ($95,720.12) be transferred from Loan Account #91C784, Parks Improvements, and be appropriated to Parks Account #72C70231, Holmes Field, to fund construction costs.

Recommend that One Hundred Seventy Three Thousand Three Hundred Sixty Three Dollars And Twenty Three Cents ($173,363.23) be transferred from Loan Account #91C7844, Park Improvements - Coes Knife Playground, and be appropriated to Parks Account #72C70229, Coes Knife Playground, to allow for current and anticipated contractually obligated payments for the Coes Knife Playground Improvements.

Recommend that Thirty Five Thousand Dollars And No Cents ($35,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C70252, Southgate Street Playground, to fund design services for Southgate/Cantebury playground.

Recommend that Two Thousand Two Hundred Forty Four Dollars And No Cents ($2,244.00) be transferred from Loan Account #91C7114, Citywide Building Rehab, and be appropriated to Parks Account #72C70251, Stearns Tavern, to fund project management costs associated with Stearns Tavern project.

Recommend that Forty Five Thousand Dollars And No Cents ($45,000.00) be transferred from Loan Account #91C784T, Hadwen Park, and be appropriated to Parks Account #72C70245, Hadwen Park, to allow for the payments of current and anticipated obligations.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C784AU, Newton Hill, and be appropriated to Parks Account #72C70223, Newton Hill, to allow for the payment of current and anticipated obligations associated with the Newton Hill project.

Recommend that One Thousand Three Hundred Eighteen Dollars And Eighty One Cents ($1,318.81) be transferred from Loan Account #91C744, Off Street Parking Building Rehab, and be appropriated to DPW Account #46C706, Major Taylor Garage Rehab, to allow for the payment of current obligations.

Recommend that Twelve Thousand Six Hundred Thirteen Dollars And No Cents ($12,613.00) be transferred from Loan Account #91C741G, Citywide Street Improvements, and be appropriated to DPW Account #41C774, Providence/Winthrop/Heywood Streets, to fund current and future engineering services.

Recommend that City Council approve the establishment of a revolving account for the Worcester Fire Department for a Community CPR Instruction Program.

Recommend that One Hundred One Thousand Nine Hundred Seventy Six Dollars And Nineteen Cents ($101,976.19) be transferred from Account #330-08, Reserve for Appropriation, to Account #660-92000, Treasurers Ordinary Maintenance to fund the costs associated with the issuance of the General Obligation Bonds dated November 1, 2017.

Recommend that Three Thousand Dollars and No Cents ($3,000.00) be transferred from Account #170-91000, Human Resources Personal Services Account, to Account #1701-97201, Human Resources, Regular Overtime, to pay for overtime expenses related to administering the City Retiree (Medicare Plan) Health Insurance Open Enrollment.

Recommend that Two Thousand Seven Hundred Ninety Nine Dollars and Six Cents ($2,799.06) be approved for payment of Worcester Police Department prior year payroll expenses.

Recommend that Eight Thousand Nine Dollars And Twenty Nine Cents ($8,009.29) be authorized and appropriated from D.P.W. & Parks salary and overtime accounts as detailed to allow for a prior year salary adjustment.

Please accept this request for a City Council vote to approve funding for the Doherty High School Eligibility Period and Feasibility Study which will include Owner’s Project Manager, Designer, and Architectural Services fees estimated in the amount of Two Million Dollars and No Cents ($2,000,000.00).

Recommend that an executive session be held at the conclusion of the regular meeting on November 21, 2017 to discuss strategy with respect to litigation in the case of Fargo Management LLC vs. the City of Worcester.

REPORT OF THE PLANNING BOARD Upon the Petition of Allyn Jones request One Tiverton Parkway be zoned all commercial (BL-1.0).

REPORT OF THE PLANNING BOARD Upon the Petition of Allyn Jones request the BL-1. zone be extended to include the entire parcel at 1097 Pleasant St.

REPORT OF THE PLANNING BOARD Upon the Petition of Donald J. O'Neill Attorney for Guri Dura and Marjeta Skenderi request to amend Article IV, Section 8 of the Zoning Ordinance to allow accessory apartments as an accessory use by a Special Permit in all residential districts to create more housing options for residents with minimal adverse effects on Worcester's neighborhoods by adopting the enclosed provisions.

Recommend the adoption of a Loan Order in the amount of Thirteen Million Dollars And No Cents ($13,000,000.00) be appropriated to Account #91C7113L, MSBA Rehabilitation South High, to pay for costs associated with the design and construction manager for the MSBA South High Community School project at 170 Apricot Street.

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)

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 relative to the Brittan Square Parking Lot. (Tabled - Palmieri January 7, 2015 and January 13, 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)

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)

RESOLUTION of Councilor Konstantina B. Lukes - That the Worcester City Council does hereby support the initiation of negotiations by the WRA with MassPort or other entities regarding the feasibility of transferring Union Station as an intermodal transportation center to MassPort. The transfer concept is based upon the transfer of the Worcester Airport to MassPort and is necessitated by similar transportation and financial concerns that resulted in the conveyance of Worcester Airport to MassPort. (Tabled Under Privilege - Petty February 28, 2017- and Tabled - Lukes March 7, 2017)

COMMUNICATION of the City Manager transmitting informational communication relative to a City Solicitor's report concerning the wording of the ordinance voted by the Town of Westborough on March 7, 2017, which banned any recreational marijuana stores, farms or other related businesses in that Town and what, if any, would be the impact of the ordinance on medical marijuana businesses, personal consumption and limited home grown plants and further what is the process for the city to implement a such a ban on commercial, non-medical marijuana business. (Tabled - Lukes May 9. 2017)

HEARING & ORDER to grant permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC. for a joint or identical pole location at: ST. PAUL DRIVE (Tabled - Bergman May 23, 2017)

ORDER of Councilor Michael T. Gaffney - Request City Council, in Accordance with City Council Rule 52, to discharge from the Standing Committee on Public Safety the item referred to said committee on September 6, 2016 relative to a Communication of the City Manager transmitting communication regarding a draft ordinance relative to the smoking or consumption of marijuana or other drug in public, similar to the City Ordinance concerning drinking in public. (Tabled - Bergman May 23, 2017)

COMMUNICATION of the City Manager transmitting informational communication relative to the legality of changes in this year’s tax classification from residential to commercial of several assisted living facilities. (Tabled Under Privilege - Bergman June 20, 2017 and Tabled June 27, 2017 - Bergman)

ORDER of Councilor Konstantina B. Lukes - Request City Council to vote on an amount of dollars for tax relief for taxpayers prior to the election. (Tabled Under Privilege - Economou October 24, 2017, Tabled Under Privilege - Toomey October 31, 2017 and Tabled - Petty November 14, 2017)