CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 4, 2014

Esther Howland Chamber

Convened: 7:02 P.M.

Adjourned: 9:41 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 January 21, 2014.

ORDER of Councilor Michael T. Gaffney - Request City Council take off the Table the Report regarding prohibiting the use of wild and exotic animals in traveling shows and circuses. (see item #11g). (Tabled Under Privilege - Petty January 28, 2014).

Mayor Petty read a Proclamation declaring January 31, 2014 as “National Earn Income Tax Credit (EITC) Awareness” Day. It was presented to Anne Vinick and Yari Juen, representatives of the Worcester Earned Income Tax Credit Coalition.

Mayor Petty recognized the following speakers: 1. Steven Bayer, Shrewsbury resident 2. Karen Krasuk, Shrewsbury resident 3. Heidi Webber, Oxford resident 4. Cheryl Becker, Agawam resident 5. Susan Salvi, Worcester resident 6. Sandra Bigelow, Boylston resident 7. Deirdre Healy, Worcester resident 8. Jeff Bigelow, Boylston resident 9. Jo Hart, Worcester resident 10. William Feegbeh, Worcester resident 11. Keith Scott, Worcester resident 12. John Provost, Worcester resident 13. Janet Johnson, Bolton resident 14. Pamela Steinberg, Worcester resident 15. Karen Belliveau, Worcester resident 16. Arthur Shea, Worcester resident 17. Debra Moore, Worcester resident 18. Brad McKinnon, Worcester resident 19. John Dick, Worcester resident 20. Claire Donegan, Worcester resident 21. Terry Kelly, Worcester resident 22. Leslie Saffer, Worcester resident 23. Patricia Burke, Millis resident 24. James Petty, Worcester resident

Maria & Mihail Bocka request tree in front of 15 Arletta Ave. be removed.

Peter Lukason request City to find solutions for the sewer system on Dawson Rd.

Maria & Mihail Bocka request sidewalk repair in front of 15 Arletta Ave.

Barbara Barrons et al request resident permit parking in front of 30, 34, and 39 Deerfield St.

David Chauncey request installation of handicap parking space at the corner of Elm and Fruit Sts.

Heping Chen request resident permit parking on Ericsson St. be removed.

William Feegbeh request to revoke the resident permit parking on Eden St.

John Dupre request installation of handicap parking space in front of 9 Richmond Ave.

TELEPORT COMMUNICATIONS AMERICA, LLC for conduit locations: HIGHLAND ST. & BELMONT ST.

Transmitting Informational Communication Relative to a Report on the Operating Expenses, Revenue and City Tax Levy Support for all Properties Under the Control of the WRA for the Past Three Years Including Projected Lease Calculations Current and Anticipated for Properties Under Lease or to be Leased.

Transmitting Informational Communication Regarding the City of Worcester 2013 Economic Development Year in Review.

Transmitting Informational Communication Relative to Keep Worcester Clean (KWC) Activity Report for the Month of December 2013.

Recommend Adoption of a Resolution to Accept a Donation from the Tatnuck Neighborhood Association to be used towards Restoration of the Whitaker Square Memorial Located at Tatnuck Square.

Recommend Adoption of a Resolution to Accept a Donation from Silver Fox & Fox Tours to be used for the Green Hill Golf Course Caddy Program.

Transmitting Informational Communication Relative to the Parks and Recreation Master Plan Update for Burncoat Park / Holland Rink, Castle Park, Grant Square and Indian Lake

Transmitting Informational Communication Relative to a Legal Opinion of a Proposed Ordinance Prohibiting the use of Wild and Exotic Animals in Traveling Shows and Circuses.

Transmitting Informational Communication Relative to an Update of the Smart Grid Program.

Recommend Adoption of a Resolution to File and Accept a Grant from the Fallon/OrNda Community Health Fund of the Greater Worcester Community Foundation.

Recommend Adoption of an Order to Execute a Lease Agreement Between Literacy Volunteers of Greater Worcester, Inc., and the Worcester Public Library.

Transmitting Informational Communication Relative to an Update Regarding the One City, One Library Initiative.

Transmitting Informational Communication Relative to a Report from the Urban Institute Relative to Property Tax Exemption Revenue Implications.

Transmitting Informational Communication Relative to the City's Revenue and Expenditures Through December for Fiscal Year 2014, per the City's Five Point Plan.

Transmitting Informational Communication relative to the Governor's Fiscal Year 2015 Budget Proposal.

Transmitting Informational Communication Relative to the Recent Bond Anticipation Note Sale and Rating Agency Report.

Recommend that Six Thousand Eight Hundred Seventy One Dollars And Eighty Two Cents ($6,871.82) be transferred from Loan Account # 91C7801A, Citywide Capital Equipment, and be appropriated, when and as received, to Parks Account # 72C701, Parks Capital Equipment, to allow for the purchase and future payment of Parks capital equipment.

Recommend that Fifteen Thousand Dollars And No Cents ($15,000.00) be transferred from Loan Account # 91C7844, Park Improvements, and be appropriated to Parks Account # 72C70240, Open Space to allow for current and anticipated payments as per the cash flow procedure.

Recommend that Twenty Nine Thousand Two Hundred Sixty Dollars And No Cents ($29,260.00) be transferred from Loan Account #91C7312A, Water Capital Equipment, and be appropriated to Account #45C703, Water Capital Equipment, when and as received, to allow for the purchase and future payment of this vehicle per the cash flow procedure.

Recommend that One Hundred Twenty Six Thousand Four Hundred Eighty One Dollars and Seventy One Cents, ($126,481.71) be transferred from Account, 91C7804, Capital Equipment, and be appropriated, when and as received, to Account 68C701, Technical Services Capital Equipment, to purchase a Core Network Equipment Upgrade, as previously approved in the Fiscal 2014 Capital Equipment Budget.

Recommend that Two Thousand One Hundred Sixty Eight Dollars And No Cents ($2,168.00) be transferred from Loan Account # 91C7803A, Citywide Capital Equipment, when and as received, and be appropriated to Parks Account # 72C701, Parks Capital Equipment, to allow for the purchase and future payment of Capital Equipment.

Recommend that Ninety Five Thousand Six Hundred Ninety Dollars And Fifty Four Cents ($95,690.54) be transferred from Loan Account # 91C7804, Citywide Capital Equipment, and be appropriated, when and as received, to Parks Account # 72C701, Parks Capital, to allow for the purchase and future payment of a Load Packer for Parks use.

Recommend that Twenty One Thousand One Hundred Seventy Eight Dollars And No Cents ($21,178.00) be transferred from Account #04T803, OPEB Trust Reserve, and be appropriated to Account #663-96000, Health Insurance, to provide funding for Fiscal Year 2014 first quarter health insurance expenses for Airport retirees, per the request of Thomas F. Zidelis, Chief Financial Officer.

Recommend that Two Thousand One Hundred Seventy Three Dollars and Thirty Two Cents ($2,173.32) be transferred from Account #330-07, Reserve For Appropriation Damage Settlement, and be appropriated to Account #2602-92210, Worcester Fire Ordinary Maintenance.

Request Approval to Authorize the Superintendent of Worcester Public Schools to Submit the Statement of Interest to the Massachusetts School Building Authority (MSBA).

Transmitting Informational Communication Relative to the Status of Medical Marijuana Dispensaries.

That the City Treasurer, with the approval of the City Manager, is hereby authorized to issue refunding bonds or notes of the City under and pursuant to Chapter 44, Section 21A of the General Laws, or any other enabling authority, for the purpose of refunding all or a portion of the outstanding amounts of the following bond issues of the City (the Refunding Bonds).

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support of the Administration’s efforts to negotiate the maximum hiring of local residents in Tax Increment Financing agreements and other tools used to attract business and to expand our tax base. (Tabled - O'Brien September 13, 2011)

COMMUNICATION of the City Clerk transmitting communication expanding upon the newspaper article regarding the human error factor which occurred in the city's recount. (Tabled - Lukes February 7, 2012)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Konstantina B. Lukes - Request City Council support more diverse new housing development with an emphasis on market-rate housing with a maximum of 10% affordable units if there are going to any units available for development in the downtown Worcester area: recommend Order be placed on file. (Tabled - Lukes May 1, 2012)

COMMUNICATION of the City Manager transmitting informational communication relative to Out of State Residents Working on Local Projects and Not Meeting the State's Health Care Mandates. (Tabled Under Privilege - O'Brien August 14, 2012) (Tabled - Lukes September 4, 2012)

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Order of Councilor Joseph C. O'Brien - Request City Council amend the Salary Ordinance of the Mayor to be equal to twice the salary of a City Councilor effective January 1, 2016: recommend adoption of the accompanying new Order that the salary of the Mayor be a yearly flat rate of $43,500, effective January 2, 2016. (Tabled - Germain December 10, 2013)

COMMUNICATION of the City Manager transmitting communication relative to parking meters at Rockwood Field. (Tabled Under Privilege - Eddy December 10, 2013 and Tabled December 17, 2013)

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Chairman's Order from the Committee on Public Health & Human Services - Request City Manager request the City Solicitor review the Model Ordinance prohibiting the use of wild and exotic animals in traveling shows and circuses (see attached) and present to City Council a proposed ordinance for the city of Worcester relative to the same. Further, request City Manager develop a protocol involving an interdisciplinary process or oversight for implementation of the proposed ordinance to include Animal Control, Board of Health and Inspectional Services: recommend adoption of the accompanying Order as depicted above. (Tabled - Petty January 7, 2014)

Motion Bergman @ #9.17A CM – Request City Manager provide a previously requested report concerning the effect of Smart Meters or Towers on property values.

Motion Bergman @ #9.17A CM – Request City Manager report as to whether or not the installation of Smart Meters in other cities caused an increase in electricity bills.

Motion Toomey @ #9.17A CM - Request City Manager regularly invite experts on electrical and medical risks from local universities and colleges to future discussions regarding Smart Grid’s Smart Meters in Worcester.

Motion Lukes @ #9.17A CM - Request City Manager report as to the number and location of each existing Smart Grid’s “supporting towers” and any future tower that will be installed in the City.

Motion Lukes @ #9.17A CM – Request City Manager report as to how many electrical outages there have been in the City over the last five years.

Motion Rosen @ #9.17A CM – Request City Manager request State of Massachusetts’ Department of Public Health report on the status of the Smart Meter Program.

Motion Rosen @ #9.17A CM – Request City Manager request City Solicitor provide a legal opinion regarding City Council’s abilities and role in the Smart Meter Program.

Motion Petty @ #9.17A CM – Request City Manager report as to the height and overall size of the towers being installed by Smart Grid in the City.

Motion Russell @ #9.17A CM - Request City Manager request City Solicitor provide a report regarding what basis a variance could be granted to National Grid for Smart Grid Towers before the Zoning Board of Appeals.

Motion Russell @ #9.17A CM – Request City Manager request City Solicitor provide a report regarding if City Council has the authority to require utilities provide opt-in options rather than opt-out options.

Motion Toomey @ #9.17A CM - Request City Manager provide a report of every house or building address where Smart Meters are currently installed, as well as every house and building address where Smart Meters will be installed in the future.

Motion Lukes @ #9.17A CM - Request City Manager request the City Solicitor provide a legal opinion as to whether or not the City Council can formulate a Resolution expressing its opinion regarding Smart Grid technologies and send it to governing agencies, including the State Legislature and the Zoning Board of Appeals.

Motion Lukes @ #9.17A CM - Request City Manager request the City Solicitor report as to what authority City Council has in regards to zoning variances.

Motion Petty @ #9.17A CM – Request City Manager report as to how quickly National Grid will be able to determine a power outage as a result of the installation of Smart Meters.

Motion Petty @ #8i CC – Request City Manager provide a map depicting the location of where all conduits, installed and proposed, are located.

Motion Lukes @ #9.4A CM - Request City Manager request the annual budget include a report regarding all offsets and credits provided to the WRA, similar to the budget of the School Department.

Motion Rivera @ #9.8C CM – Request City Manager review accessibility from all streets and signage to Castle Park.

Motion Toomey @ #9.19B CM – Request City Manager request Administration of the Worcester Public Library consider increasing the purchasing of large print books for elderly patrons.

Motion Palmieri @ #9.32B CM – Request City Manager reach out to the neighborhood community where the Medical Marijuana dispensary would be located to discuss the location of this dispensary as well as all other questions and concerns that the community may have.

Motion Rivera @ #9.32B CM - Request City Manager request the licensee of the Medical Marijuana dispensary provide their methodologies and services that they will implement.

Motion Rosen – Suspension of Rules – Request City Manager clarify the rules regarding the public’s right to park in the spaces on Chandler Street in front of the Jesse Burkett Little League field.

Motion Rosen - Suspension of Rules - Request the Standing Committee on Traffic and Parking consider, when reviewing resident permit parking requests in the vicinity of Worcester State University, allowing parking on only one side of street.

PETITION of Councilor Tony Economou on behalf of Our Lady of the Rosary Church request directional signs to the church be posted at the corner of Burncoat St. and Randall St., as well as at the corner of Boylston St. and Randall St.

Motion Palmieri - Suspension of Rules - Request City Manager, before making a final selection regarding the Requests for Proposals for the Brown Square Fire Station, consider holding a community meetings in the Brown Square neighborhood for input.

Motion Lukes - Suspension of Rules - Request City Manager provide a report relative to resident permit parking and the allowance of parking for guests and professional service providers.