CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 20, 2015

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 9:09 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 7, 2015.

Mayor Petty recognized the following speakers: 1. John Provost, Worcester resident 2. Idella Hazard, Worcester resident 3. Kevin Ksen, Worcester resident 4. George Delgado, Webster resident 5. Colin Novick, Worcester resident 6. Jo Hart, Worcester resident 7. Nicole Apostola, Worcester resident

MOMENT OF SILENCE for Sonny Stoltz, a community philanthropist, who recently passed away. (At the request of Councilor Rushton)

Mayor Petty invited City Manager Augustus to make a statement concerning the right to public protests and a balance with public safety concerns.

Ray Gouley request abatement of street assessment #25247, in the amount of $11, 596.00 for Bullard Ave.

Kathy Edmonds request installation of a handicap parking space in front of 486 Park Ave.

John Tsiramanes request removal of resident permit parking in front of 60 Zenith Dr.

Transmitting Informational Communication Relative to the Appointment of Constables.

Transmitting Informational Communication Relative to the Reappointment of Aaron Richman to the Human Rights Commission.

Transmitting Informational Communication Relative to the Reappointment of Jake Messier to the Trust Funds Commission.

Recommend Approval of the Appointment of Matthew Yalouris to the Community Development Advisory Committee.

Recommend Approval of the Reappointment of Douglas Hannam to the Citizen's Advisory Council.

Recommend Adoption of the Attached Resolutions Regarding an Amendment to the Existing Certified Project and the Tax Increment Financing Agreement for KMRN Investment, LLC and The Oasis at Dodge Park, LLC and the Site Specific Economic Opportunity Area Designation for 102 Randolph Road.

Transmitting informational communication relative to opening municipal garages to the public for overnight parking during snow events.

Recommend Approval of a New Nelson Place Elementary School Project with an associated reimbursement of 80% through the Massachusetts School Building Authority.

Recommend Approval of an Order Relative to the Disposal of Catch Basin Cleanings and Street Sweepings.

Transmitting Informational Communication Relative to the ALB Status Report - January 2015.

Transmitting Informational Communication Relative to a Condensed Version of the Proposed Changes to the Rules of City Council to Assist with the Review Process.

Transmitting Informational Communication Relative to the 2015 Fair Housing Poster Contest for the Human Rights Commission.

Recommend Approval of the Proposed Municipal Election Calendar for 2015.

Transmitting Informational Communication Relative to Properties in the City that are Assessed at Over One Million Dollars ($1,000,000.00) and Whether or not these Properties Should be Reviewed in Light of the Recent Sale of the Higgins Armory Property.

Transmitting Informational Communication Relative to the City's Revenues Through November for Fiscal Year 2015 per the City's Five Point Plan.

Recommend adoption of a resolution to apply for, accept and expend a grant of up to Twenty Thousand Dollars And No Cents ($20,000.00) from the Fallon OrNda Community Health Fund of the Greater Worcester Community Foundation.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of $9,500.00 from Worcester Public Library Foundation for the 2015 Summer Reading Program.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Five Thousand Dollars and No Cents ($5,000.00) from the Trustees of the Harrington Foundation for the Librarian's Trust Fund.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Four Thousand Dollars And No Cents ($4,000.00) from the Digital Federal Credit Union.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Three Hundred Dollars And No Cents ($300.00) from Our Lady of Vilna.

Recommend adoption of a resolution to apply for, accept and expend a grant of up to Seven Hundred Thousand Dollars and No Cents ($700,000.00) from the US Department of Education (DOE) Performance Partnership Pilot (P3) Grant.

Recommend adoption of a resolution to apply for, accept and expend a grant from the MA Executive Office of Public Safety and Security Edward Byrne JAG Program Implementation.

Recommend adoption of a resolution to accept with gratitude recent gifts donated to the Worcester Public Library totaling Seven Hundred Forty Five Dollars and No Cents ($745.00) received during the 4th quarter of 2014.

Recommend adoption of a resolution to apply for, accept and expend a Historic Preservation Plant Grant of up to Fifteen Thousand Dollars ($15,000.00) from the Massachusetts Historical Commission (MHC).

Recommend that Thirty Five Thousand Eight Hundred Twenty Eight Dollars And Thirty Two Cents ($35,828.32) be transferred from Account #270-91000, Communications Personal Services, and be appropriated to Account #27S40214, FY14 State 911 Support & Incentive Grant, to fund the FY14 grant deficit caused by a reduction in the grant award amount.

Recommend that Two Million Three Hundred Five Thousand Three Hundred Eighty One Dollars And No Cents ($2,305,381.00) be transferred from Account #330-08, Reserve for Appropriation- Premium on Loans, and be appropriated to Account #661-94201, Debt Service Principal, to refinance a portion of the City's outstanding 2004 & 2006 General Obligation Bonds.

Recommend the adoption of a Loan Order in the amount of Fifty Seven Million Three Hundred Seventy Thousand Dollars and No Cents ($57,370,000.00) be appropriated to Account #91C7113C, Building Rehabilitation WPS MSBA Nelson Place, to pay for costs associated with the construction and furnishing of a replacement Nelson Place School at 35 Nelson PlaceRefer to CCM Item 8.6A

That the sum of One Hundred Forty Five Thousand Dollars And No Cents ($145,000.00) be appropriated to Account #91C7113C, Worcester Public School MSBA Building Rehabilitation, to pay for additional feasibility study costs associated with Nelson Place School project, including the payment of all costs incidental and related thereto (collectively, the "Project").

That the sum of Eleven Million Five Hundred Fifteen Thousand Dollars ($11,515,000) be appropriated to Account #91C711E, Worcester Public School Building Rehabilitation, to fund four building improvement projects of the Worcester Public Schools, Clark St., Goddard School of Science & Technology, Union Hill and West Tatnuck, which proposed repair projects (collectively, the “Projects”) would materially extend the useful lives of the school buildings described above and preserve assets that otherwise are capable of supporting the required educational program.

Amending Worcester Zoning Ordinance adopted April 2, 1991, relative to creating Commercial Corridors Overlay Districts, Creative Entrepreneur Lofts, and the elimination of the Parking Overlay Districts, the Arts Overlay District and the Mixed Use Development Overlay Districts.

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 and Tabled Under Privilege - Bergman January 13, 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 and Tabled Under Privilege - Bergman January 13, 2015)

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 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 and Tabled - Lukes September 4, 2012)

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)

ORDER of Councilor Konstantina B. Lukes request City Manager request the School Department share in the cost for providing police services during the presidential visit. (Tabled Under Privilege - Lukes June 17, 2014 and Tabled July 22, 2014)

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)

PETITION of Frank Kartheiser et al on behalf of the Worcester Community-Labor Coalition request City Council hold public hearings starting in October on charter change and that at the conclusion of the hearings the Council takes a vote on holding an election to let the voters decide Worcester's future form of government. (Tabled Under Privilege - Lukes August 19, 2014 and Tabled - Petty September 16, 2014)

COMMUNICATION of the City Manager recommending approval of Legislation to Impose a Fine on Motorists that Damage a Bridge that is marked with a Height Restriction. (Tabled - Bergman December 2, 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)

Motion Palmieri @ #8.7B CM – Request City Manager allow the City Solicitor to become part of the appeals process in relation to the intended and unintended effects caused by removing trees in the Green Hill Park neighborhood as a result of the Asian Longhorned Beetle.

Motion Rushton @ #8.7A CM – Request City Manager request the representatives of the United States Department of Agriculture outline their methods for eradicating the Asian Longhorned Beetle in the Green Hill Park area and the reasons why less evasive approaches are not being used as they are in other parts of the country such as Bethel, OH and Chicago, IL.

Motion Economou @ #8.7B CM – Request City Manager request United States Department of Agriculture implement a strategy where all “Infected Trees” are removed, all “Host Trees” are inoculated and finally, all trees are then closely monitored for the next several years. Motion Lukes to amend: Further, request City Manager report, within two weeks, what would be the consequences of changing the strategy such as the financial costs and manpower required.

Motion Palmieri @ #8.7B CM – Request City Manager request United States Department of Agriculture provide City Council with a report outlining as to how approximately five million trees were surveyed for the Asian Longhorned Beetle.

Motion Russell @ #8.13A CM – Request City Manager request City Solicitor provide City Council with a more simple and easy to understand sheet that is similar to Table of Uses in Zoning Ordinances for the proposed changes to the Rules of City Council.

Motion Lukes @ #8.13A CM – Request City Manager provide City Council with the legal opinion relative to Councilors signing onto agenda items on a City Council calendar.

Motion Bergman @ #8.13A CM - Request City Manager request the City Solicitor review Rule 40 of the Rules of City Council to see if language such as, "which ever should come first," should be added.

Motion Bergman @ #8.13A CM - Request City Manager request the City Solicitor to consider reviewing Rule 50 of the Rules of City Council to determine how persons not residents of the City should address the City Council, in accordance with the City Charter and Rules of City Council language.

Motion Lukes @ #8.13A CM – Request City Manager request City Solicitor provide City Council with a written explanation as to City Council’s authority to Suspend the Rules of City Council, and under what circumstances they may do so.

Motion Russell @ #8.13A CM – Request City Manager request City Solicitor provide City Council with any specific changes to the Rules of City Council that are needed to align City Council more properly with the Opening Meeting Law separately so as to not cause any delay in implementation.

PETITION – Councilor Sarai Rivera request to reverse the winter parking ban on Newbury St.