CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 27, 2018

Esther Howland Chamber

Convened: 6:41 P.M.

Adjourned: 9:01 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

MOMENT OF SILENCE in memory of Marge Purves, who was an active community member in the City.

Mayor Joseph M. Petty read a Proclamation declaring March 27, 2018 as Education and Sharing Day in the City of Worcester. The Proclamation was presented to Rabbi Levi Fogelman, Rabbi Shmuel Fogelman, Sholom Fogelman and Mussia Fogelman.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of March 6, 2018.

Mayor Petty recognized the following speakers:
1. Idella Hazard, Worcester resident, unclear opinion concerning #9.7B CM
2. William S. Coleman, III, Worcester resident, spoke in favor of #9.32B CM
3. Bryanna Tobin, Worcester resident, spoke in favor of #11b CC
4. Michael Brooks, Worcester resident, spoke in favor of #11b CC

Hearing: TC SYSTEMS INC. for a conduit location at: COUNTRY CLUB BLVD. Granting permission to TC SYSTEMS INC. for a conduit location at: COUNTRY CLUB BLVD.

Hearing: LIGHTOWER FIBER NETWORK LLC for conduit location at: PARK AVE. Granting permission to LIGHTOWER FIBER NETWORK LLC for conduit location at: PARK AVE

Hearing: CHARTER COMMUNICATIONS for a conduit location at: LAGRANGE ST. Granting permission to CHARTER COMMUNICATIONS for a conduit location at: LAGRANGE ST.

Hearing: CHARTER COMMUNICATIONS for a conduit location at: DORCHESTER ST. AND HOUGHTON ST. Granting permission to CHARTER COMMUNICATIONS for a conduit location at: DORCHESTER ST. AND HOUGHTON ST.

Hearing: CHARTER COMMUNICATIONS for a conduit location at: UPSALA ST. Granting permission to CHARTER COMMUNICATIONS for a conduit location at: UPSALA ST.

Hearing: CHARTER COMMUNICATIONS for a conduit location at: HARDING ST. Granting permission to CHARTER COMMUNICATIONS for a conduit location at: HARDING ST.

Joseph Landry request abatement of sewer betterment assessment #31240 in the amount of $12,000.00 for Luther Ave.

Paul & Ellen Landry request abatement of sewer betterment assessment #31248 in the amount of $12,000.00 for Knapp Ave.

Mary Landry request abatement of sewer betterment assessment #31249 in the amount of $12,000.00 for Knapp Ave.

Peter Landry request abatement of sewer betterment assessment #31241 in the amount of $12,000.00 for Luther Ave.

Jennifer & Douglas Courville request abatement of sewer betterment assessment #31255 in the amount of $12,653.00 for Knapp Ave.

Susan Burns & Mary Landry request abatement of sewer betterment assessment #31247 in the amount of $36,000.00 for Luther Ave.

Donald Wilbur & Janice Gerardi-Wilbur request abatement of sewer betterment assessment #31269 in the amount of $11,500.00 for Phoebe Way.

Robert Moran Jr. request handicap parking space in front of 39 Granby Rd. be removed.

LIGHTOWER FIBER NETWORKS for conduit location at: 50 FOSTER ST.

LIGHTOWER FIBER NETWORKS for a conduit location at: 50 FOSTER ST. (COMMERCIAL ST.)

LIGHTOWER FIBER NETWORKS for conduit location at: LANCASTER ST.

LIGHTOWER FIBER NETWORKS for a conduit location at: WALDO ST.

Recommend the reappointment of Richard Duffy to the Elections Commission.

Recommend the reappointment of J. Martin Shanahan to the Citizens Advisory Council.

Recommend adoption of a salary ordinance amendment to add the position of "Plant Engineer, Union Station" for the Division of Energy and Assets Management.

Recommend adoption of two (2) orders relative to easements at Rand Whitney, LLC.

Transmitting informational communication relative to the 2018 Spring Sweeping Program.

Transmitting informational communication relative to the bulk and yard-waste drop-off site, spring 2018 household hazardous waste collection events, and online appointments.

Transmitting informational communication relative to the spring 2018 field availability and permitting for various activities and events.

Transmitting informational communication relative to the Master Plan for improvements to Tacoma Street Playground & Great Brook Valley Playground.

Respectfully request that City Council authorize renewal of three (3) Inter-Municipal Agreements (IMAs) with the Towns of Grafton, Holden and West Boylston, for regionalized public health services, through the Worcester Division of Public Health.

Transmitting informational communication relative to an update concerning opioid overdose prevention efforts and events.

Transmitting informational communication relative to the financial plan to support construction or rehabilitation of South and Doherty High Schools.

Transmitting informational communication relative to the certification of funds in the DCU Special District Improvement Fund.

Recommend adoption of a grant in the amount of Fifty Thousand Dollars and No Cents ($50,000.00) from the Commonwealth of Massachusetts Board of Library Commissioners for Libby, the Worcester mobile library.

Recommend adoption of a resolution to apply, accept and expend funds from the Commonwealth Corporation's YouthWorks 2018 Summer Jobs for Youth Placed at Risk grant program. The total award amount for this funding opportunity is Six Hundred One Thousand One Hundred Eighty Four Dollars and No Cents ($601,184.00).

Recommend adoption of a resolution to apply, accept and expend funds from the Bloomberg Philanthropies under the 2018 Public Art Challenge for up to One Million Dollars and No Cents ($1,000,000) for temporary public art projects.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Hundred Seventy One Thousand Two Hundred Ninety Eight Dollars And No Cents ($171,298.00) from FEMA, under the AFG Fire Prevention & Safety Grant program.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Nineteen Thousand Nine Hundred Forty Eight Dollars And Ninety Seven Cents ($19,948.97) from Central Massachusetts Homeland Security Council under the Dive Rescue Equipment program.

Recommend that Five Hundred Dollars And No Cents ($500.00) be transferred from Account #650-91000, Auditing Personal Services, to Account #650-97000, Auditing Overtime, for the payment of estimated department operations through the remainder of the fiscal year.

Recommend the total of Seventy Five Thousand Four Hundred Eighty Two Dollars And No Cents ($75,482.00) be transferred from Account #900-92000, City Manager's Contingency ($21,440.00), and Account #663-96000, Health Insurance ($54,042.00).

Recommend that Thirty Thousand Dollars and No Cents ($30,000.00) be transferred from Account #280-91000, Inspectional Services Salaries, to Account #280-97000, Inspectional Services Overtime, to provide funding for overtime after work hours to ensure staff attendance at neighborhood watch meetings, Quality of Life Task force activities, scheduled sweep inspections and related emergency calls for the remaining fiscal year 2018.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from DPW Salaries Account # 450-91000, Water, and be appropriated to DPW Account # 450-92000, Water Ordinary Maintenance, for expenses in excess of the fiscal year 2018 budget.

Recommend that Eight Hundred Twenty Five Thousand Dollars And No Cents ($825,000.00) be transferred as described so as to provide sufficient funding for the Off-Street Parking Program for the Third Quarter of Fiscal Year 2018.

Recommend that Sixty Nine Thousand Five Hundred Ninety Seven Dollars And Fifteen Cents ($69,597.15) be transferred from Sewer Account #440-91000, Salaries, and be appropriated to Sewer Account #440-97201, Overtime, to allow overtime costs to be paid through June 30, 2018.

Recommend that Ninety One Thousand Five Hundred Forty One Dollars And No Cents ($91,541.50) be transferred from Account #662-94000, Debt Service Interest, and be appropriated to Account #480-92000, Union Station Ordinary Maintenance, to provide additional funding for operational expenses through the remainder of Fiscal Year 2018.

Recommend that Seventy Thousand Dollars And No Cents ($70,000.00) be transferred from Account #662-94000, Debt Service Interest, to Account #680-92000, Technical Services Ordinary Maintenance.

LOAN ORDER - That the sum of ($194,646,240) One-Hundred and Ninety-Four Million Six-Hundred Forty Six Thousand Two Hundred Forty Dollars and No Cents be appropriated to Account 91C7113L, South High MSBA, to pay for costs associated with the construction and furnishing of a replacement South High Community School at 170 Apricot Street, to include the demolition and environmental remediation of the existing school. The proposed project (collectively, the “Project”) shall have an anticipated useful life as an educational facility for the instruction of school children for at least fifty (50) years; to meet this appropriation the City Treasurer and Collector of Taxes, with the approval of the City Manager, is hereby authorized to borrow said sum of ($194,646,240) One- Hundred and Ninety-Four Million Six-Hundred Forty Six Thousand Two Hundred Forty Million Dollars and No Cents under and pursuant to M.G.L. Chapter 44 Section 7 Clause 1/ Chapter 70B or any other enabling authority. The city acknowledges that the Massachusetts School Building Authority’s (MSBA)’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive for the “Project” shall not exceed the lesser of (1) Eighty percent of eligible, approved costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; and that the amount of borrowing authorized pursuant to this order shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the City and the MSBA. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. (Tabled Under Privilege - Lukes March 20, 2018)

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 and Tabled - Rosen December 19, 2017)

COMMUNICATION of Mayor Joseph M. Petty forwarding a survey by the Worcester Student Governmental Association (WSGA), which asked current undergraduate and graduate college students in the Worcester consortium about their time as a student living in Worcester, Massachusetts. (Tabled - Petty February 6, 2018)

ORDER of Councilor Konstantina B. Lukes – Request City Manager include in the biannual Economic Development Report information concerning the vacant parcel on Mill St. across from Coe’s Pond. – Item #19a CC Order adopted

ORDER of Councilor Sarai Rivera – Request City Manager consider creating a condensed version of crime statistics, also including highlights of community partnerships, in the City to provide to the community. – Item #19b CC Order adopted

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report concerning which properties are being eliminated from consideration as to where a marijuana establishment can be located. – Item #19c CC Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager request City Solicitor provide City Council with a legal opinion as to whether or not there can be a total ban of all flavored tobacco, which include menthol and e-cigarettes, in the City. – Item #19d CC Order adopted

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report concerning what businesses will be affected by implementing a flavored tobacco restriction in the City, as well as what the City will be doing to help businesses during this transition. – Item #19e CC Order adopted

ORDER of Councilor George J. – Request City Manager provide a mechanism for community input in regards to improving the Worcester Senior Center. – Item #19f CC Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report outlining the problems associated with discarding needles. – Item #19g CC Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager, when developing a policy for spending funds received from marijuana retailers, take net funds and net revenues into consideration. – Item #19h CC Order adopted

Motion Lukes @ #9.3A CM – Request City Manager provide City Council with a follow-up of the “Plant Engineer, Union Station” position three months after the position is filled, outlining its successes.

Motion Toomey @ #9.7A CM – Request City Manager consider identifying groups that would be willing and able to provide spring cleaning assistance to elder residents in the City.

Motion King @ #9.7A CM – Request City Manager provide City Council with a report concerning what the increase in cost would be should the City expand the amount of hours available for residents to drop off yard-waste at its locations.

Motion Lukes @ # 9.26A CM – Request City Manager provide City Council with a report detailing what the eligible costs are that can be applied to the contribution to the construction or rehabilitation of school construction projects in the City including South and Doherty High School.

Motion Lukes @ #9.26A CM – Request City Manager consider pursing a remedy through the State Delegation as a means to recognize the costs associated with constructing a new South High and Doherty High School.

Motion Wally @ #9.26A CM – Request City Manager provide City Council with a report showing the full thirty-year amortizations of South High School.

Motion Lukes @ #9.33A CM – Request City Manager provide City Council with a report concerning how overtime payments are monitored, as well as any benefits generated from the overtime.

Motion Russell – Suspension of Rules – Request City Manager request Police Chief provide City Council with a report concerning how the Worcester Police Department plans to deal with the large groups of bicyclists who ride in the street, tying up traffic.

Motion Russell – Suspension of Rules – Request City Manager consider temporary repairs in Grafton St. prior to the street being permanently redone.