CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 22, 2016

Esther Howland Chamber

Convened: 7:01 P.M.

Adjourned: 8:15 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

MOMENT OF SILENCE – To honor the victims of the recent terror attack in Brussels, Belgium, as well as the passing of Massachusetts State Trooper Thomas Clardy.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of March 8, 2016.

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

Hearing: NATIONAL GRID for conduit location on: WEST BOYLSTON ST. Granting permission to NATIONAL GRID for conduit location on: WEST BOYLSTON ST.

James Small request installation of a handicap parking space in front of 3 North Woodford St.

Victoria Mariano request installation of a loading zone space for 26 Millbury St.

Victoria Mariano request installation of a loading zone space for 55 Pearl St.

Rukia Bilal request installation of handicap parking space on the Lapierre St. side of 133B Plantation St.

LIGHTOWER FIBER NETWORKS, LLC for conduit location at: 114 CHANDLER ST. at IRVING ST.

LIGHTOWER FIBER NETWORKS LLC for conduit location at: CHANDLER ST. at WELLINGTON ST.

LIGHTOWER FIBER NETWORKS, LLC for a conduit location at: MAIN ST/CURTIS PARKWAY.

LIGHTOWER FIBER NETWORKS, LLC for a conduit location at: THORNDYKE RD. /BURNCOAT ST.

LIGHTOWER FIBER NETWORKS LLC for conduit location at: MAIN ST./HOLLAND RD.

LIGHTOWER FIBER NETWORKS LLC for a conduit location at: COLUMBUS/LOVELL STS.

LIGHTOWER FIBER NETWORKS, LLC for a conduit location at: MAIN/APRICOT STS.

Jo Hart request City Council request City Manager disclose the full and total inclusive cost of the WRTA bus hub at Union station, along with a detailed list of who paid (or will pay) for what, initial and ongoing, all costs detailed, and what the daily costs are and what they entail.

Jo Hart request City Council request City Manager disclose the full and total inclusive cost of the WRTA Maintenance and Operations facility across from Crompton Park, as soon as everything is finished, up and running and final, along with a detailed list of who paid (or will pay) for what, initial and ongoing, all costs detailed.

William S. Coleman III request opportunity to congratulate City Administration through the City Council for it's program to provide training for small businesses in Worcester on March 29th from 6:00 P.M. to 8:00 P.M. at the Crompton Collective on Green St., near Kelley Square.

Recommend appointment of Shirley Konneh to the Diversity and Inclusion Advisory Committee.

Recommend appointment of Lindsey Silva to the Commission on Disabilities.

Recommend appointment of Jose Ramos to the Worcester Housing Authority.

Recommend Appointment of Donna Connolly to the Advisory Committee on the Status of Women.

Recommend adoption of an ordinance amending Chapter Fourteen of the Revised Ordinances of 2008 relative to food trucks.

Recommend adoption of resolutions to approve the City of Worcester Fiscal Year 2017/Program Year 42 Funding Recommendations for U.S. Housing and Urban Development (HUD) Entitlement Programs – Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), HOME Investment Partnership Program (HOME), and Housing Opportunities for Persons with AIDS (HOPWA).

Transmitting Informational communication relative to the Harding Street Transportation Improvement Project 25% Design Hearing scheduled for March 29, 2016 at 6:30pm at Union Station.

Transmitting informational communication relative to the Spring 2016 Household Hazardous Waste Collection & Paper Shredding Event.

Transmitting informational communication relative to the 2016 Spring Sweeping Program.

Transmitting informational communication relative to the 2015 Arbor Day celebration, scheduled for April 29, 2016 at 10AM on Crow Hill at Harrington Way.

Transmitting informational communication relative to the spring 2016 opening of facilities anticipated on April 1, 2016, depending on the weather.

Transmitting informational communication relative to a legal opinion clarifying whether, under the Open Meeting Law and the new Council Rules, any Councilor can from the floor add his or her name as a co-sponsor to a Council Order appearing on the agenda and, if so, whether any such co-sponsorship would be included in the minutes of the meeting.

Transmitting informational communication relative to the Municipal Parking Garages Report.

Transmitting informational communication relative to the Accreditation of the Public Health Division.

Transmitting informational communication relative to sexually transmitted infections among adolescents and teen pregnancy.

Transmitting informational communication relative to the 2016 Woman and Young Women of Consequence Awards on March 24, 2016 from 5:30pm - 7pm at City Hall.

Recommend that One Hundred Thirty Two Thousand Nine Hundred Ninety Dollars And Forty Cents ($132,990.40) be transferred from Account #91C780F, Capital Equipment Technical Services, to Account #68C701, Technical Services Capital Equipment.

Recommend that One Million Nine Hundred Twelve Thousand Two Hundred Fifty Dollars And Thirty Eight Cents ($1,912,250.38) be transferred from Account #91C7111A, Building Rehabilitation City & Schools, and be appropriated to Account #04C754, Citywide/Schools Energy Improvements, to fund expenses associated with the citywide ESCO project through June 30, 2016.

Recommend that Eighty Thousand Dollars And No Cents ($80,000.00) be transferred from Loan Account # 91C7842G, Indian Hill Park Improvements, and be appropriated to Parks Account # 72C70210, Indian Hill to allow for current and anticipated contractual obligations for Phase I site improvements at Indian Hill.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account # 91C7844, Park Improvements - Worcester Common, and be appropriated to Parks Account # 72C706, Worcester Common, to allow for payment of current and anticipated contractual obligations for the Worcester Common War Memorials.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C784S, Elm Park Improvements, and be appropriated to Parks Account #72C70220, Elm Park and further recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C7114, Citywide Building Remodel, and also be appropriated to Parks Account #72C70220, Elm Park to allow for current and anticipated contractual obligations for Elm Park Improvements.

Recommend that Four Hundred Seventy Five Thousand Dollars And No Cents ($475,000.00) be transferred from Loan Account #91C7844, Park Improvements - Hope Cemetery, and be appropriated to Parks Account #72C705, Hope Cemetery, to allow for payment of current and anticipated contractual obligations for Hope Cemetery improvements.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C737A, Water Meters Replacement, and be appropriated to DPW Account #45C794, Capital Water Meters Program, to allow for the payments of current and future obligations.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C745K, Sewer Pumping Rehab, and be appropriated to DPW Account #44C764, Sewer Pumping Station Capital Program, to allow for the payment of current and future obligations.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7143A, Water Pumping Stations, and be appropriated to DPW Account #45C726, Water Pumping Rehab, to allow for payment of current and future obligations.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C745B, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Reconstruction, to allow for the payment of current and future obligations associated with sewer work being performed throughout the city.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C784, Park Improvements - Shore Park, and be appropriated to Parks Account #72C70203, Shore Park, to allow for payment of current and anticipated contractual obligations for Shore Park improvements.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Two Thousand Dollars and No Cents ($2,000.00) from the Worcester Public Library Foundation to the Worcester Public Library for the 2016 Summer Reading Program.

Recommend adoption of a resolution to accept with gratitude a donation of equipment valued at Two Hundred Dollars and No Cents ($200.00) from Northeast Electrical Distributors to the Worcester Fire Department.

Recommend adoption of a resolution to file and accept a Green Communities grant from the Massachusetts Executive Office of Energy and Environmental Affairs in an amount not to exceed Two Hundred and Fifty Thousand Dollars and No Cents ($250,000.00).

Recommend adoption of a resolution to accept with gratitude a donation in the amount of One Hundred and Fifty Dollars and No Cents ($150.00) from Highland Apartments, to the Worcester Fire Department.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Twenty Dollars and No Cents ($20.00) from Robert and Jane Kadis, to the Worcester Fire Department.

Recommend adoption of a resolution to file and accept a Healthy Living/Healthy Aging grant from the Tufts Health Plan Foundation in the amount of Twenty Thousand Dollars and No Cents ($20,000.00) as a subrecipient under Family Health Center of Worcester for use by the Worcester Senior Center.

Recommend adoption of a resolution to file and accept a Healthy Living/Healthy Aging grant from the Greater Worcester Community Foundation in the amount of Ten Thousand Dollars and No Cents ($10,000.00) as a subrecipient under Elder Services of Worcester Area for use by the Worcester Senior Center.

Recommend adoption of a resolution to apply for, accept, and expend funds from the Commonwealth Corporation's YouthWorks 2016 Summer Jobs for Youth Placed at Risk Program in an amount of Six Hundred Sixty Two Thousand Nine Hundred and Seventy Two Dollars and No Cents ($662,972.00).

Recommend adoption of a resolution to file and accept a Drunk Driving Trust Fund's Prevention, Education and Training Grant from the Massachusetts Office for Victim Assistance in an amount not to exceed Fifty Thousand Dollars and No Cents ($50,000.00).

Recommend adoption of a resolution to file and accept a grant of services under the the Massachusetts Department of Environmental Protection's Mattress Recycling Initiative of the Sustainable Materials Recovery Program valued at up to One Hundred Seventy Four Thousand Dollars and No Cents ($174,000.00).

Recommend that Seven Hundred Four Dollars And Fifty Eight Cents ($704.58) be transferred from Account #100-91000, City Clerk Personal Services, to Account #100-97000, City Clerk Overtime, to cover unanticipated overtime costs associated with the March 1, 2016 Presidential Primary.

Recommend approval of Loan Order amendments to change the account numbers associated with loan orders previously ordained.

Recommend that an Executive Session be held on Tuesday, March 29, 2016 to discuss matters regarding collective bargaining.

REPORT OF THE PLANNING BOARD Upon the Petition of Gregory Lano, Managing Partner Chandler 128 Associates, LLC request to extend BG 3.0 zone to include all of 128 Chandler St.

REPORT OF THE PLANNING BOARD Upon the Petition of Matt Flink, Regional Facilities Director of Appleton Corporation, on behalf of TDG Union Street, LLC request approval of the discontinuance of a portion of Market St. (see attached) and to remove said section from the Official Public Map.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Donald J. O'Neil on behalf of Summer St. Hotel, LLC request to abandon, discontinue and remove from the Official Map the area of Washington Square containing approximately 75 square feet of land shown on the attached plan labeled "Discontinue Exhibit", dated 12/30/15 and prepared by Bohler Engineering.

REPORT OF THE PLANNING BOARD Upon the Petition Tom Barnes, Real Estate Asset Manager of ABC Supply Company, Inc., request to discontinue as a public way and remove from the Official Map, Pitt St., from the southerly side of Sherman St. southerly, about 105 feet more or less.

REPORT OF THE PLANNING BOARD Upon the Petition of Tom Barnes, Real Estate Asset Manager of ABC Supply Company, Inc., request to remove from the Official Map the private portion of Pitt St. at the southerly terminus.

Amending Article III of the Worcester Zoning Ordinance Adopted April 2, 1991 relative to extension of The BG-2.0 Zoning District in the vicinity of 1023 Main Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 165 Austin Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking across from 144 West Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking on Hartford Road adjacent to 429 Burncoat Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 21 Hitchcock Road.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 42 Lakeside Avenue.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 63 Austin Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 3 Ashton Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 247 Shrewsbury Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 17 Acton Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 6 Payson Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 41 Everard Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 71 Russell Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking across from 9 Lund Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 11 Hudson Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide two handicap parking spaces on Roxbury Street adjacent to 80 William Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 7 Irene Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 259 Tacoma Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind “No Parking Anytime” in front of 12 Dustin Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to amend “One Hour Parking 8:00 A.M. to 7:00 P.M.” in front of 405 Grove Street to “Two Hour Parking 8:00 A.M. to 7:00 P.M.”

Amending Section 43 of Chapter 13 of the Revised Ordinances of 2008 to Amend Winter Parking Ban on Audubon Road.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind “One Hour Parking 8:00 A.M. to 7:00 P.M.” on Bowdoin Street. Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on Bowdoin Street from Harvard Street to Chestnut Street.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on Fox Street.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to revise resident permit parking on Congress 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)

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)

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)

PETITION of Todd Holland request the City Council Calendar available on the City Government web site provide the following: 1) Under description a full and accurate synopsis be placed to properly inform all citizens of the true & accurate purpose of said meeting. 2) Under the Heading of "More Information" a link is provided to available agenda and purpose of meeting. 3) All meeting minutes be available on line in a timely manor and to include accurate details on presenters, attendees and attachments of any proposed plans. 4) A more efficient format making it easier to navigate using a graphical user interface friendly to people who lack full computer literacy. (Tabled - Economou January 12, 2016)

PETITION of Todd Holland request all City of Worcester agendas include the name of the specific person(s) or department presenting on each item in a given agenda. (Tabled - Economou January 12, 2016)

Councilor Michael T. Gaffney will present proposals regarding the budget. (Tabled - Gaffney February 2, 2016)

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) (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)

ORDER of Councilor Kathleen M. Toomey @ #10n CC - Request City Manager consider placing on the city’s web site and local television the slideshow with the audio of Dr. Hirsch’s presentation regarding the Gun Buyback Program. - Item #12a Order adopted

ORDER of Mayor Joseph M. Petty @ #7c CC – Request City Manager provide a list of the non-profit agencies who keep their properties on the tax rolls. - Item #12b Order adopted

ORDER of Councilor Kathleen M. Toomey @ #7d CC – Request City Manager contact the MMA for a response to regarding transforming an OPEB fund into an irrevocable trust. - Item #12c Order adopted

COMMUNICATION of David J. Rushford, City Clerk, transmitting to City Council his resignation and further, transmitting his recommendation to elect Assistant City Clerk Susan M. Ledoux as the next City Clerk. – Item #12d Referred to Municipal Operations Committee

ORDER of Councilor Sarai Rivera – Suspension of Rules - Request the Police Chief provide traffic enforcement at the crosswalks for Murray Ave., 1050/1060 Main St. and the yellow blinking light at Main St. and Marble St. at the beginning and end of the school day. - Item #12e Order adopted

RESOLUTION of Councilor Gary Rosen – Suspension of Rules - That the City Council does hereby recognize the organizers and volunteers for this year’s successful St. Patrick’s Day Parade. - Item #12f Resolution adopted

RESOLUTION of Councilor Gary Rosen – Suspension of Rules - That the City Council does hereby recognize the Holy Cross Crusaders men’s basketball team for winning the Patriot League Tournament and for being a participant in the NCAA Division I Men’s Basketball Championship Tournament. - Item #12g Resolution adopted

Motion Lukes @ #7n CC – Request City Clerk review with a higher scrutiny items similar to #7n on the March 22, 2016 City Council Agenda.

Motion Russell @ #8.4A CM – Request City Manager consider providing a higher preference to residents and business owners of Worcester when issuing Food Truck licenses.

Motion Lukes @ #8.4A CM – Request City Manager provide City Council with all necessary citation information in regards to the Food Truck Ordinance amendment.

Motion Bergman @ #8.4A CM – Request City Manager request City Solicitor provide City Council with a legal opinion as to whether or not an established food truck’s location must be moved if and when a new brick and mortar business moves into the same area.

Motion Russell @ #8.14A CM – Request City Manager provide City Council with a detailed list of expenses from municipal parking garages in the last two or three years. Further, request City Manager include in said report information concerning whether the garages are a liability or an asset to the City moving forward.

Motion Petty @ #8.17B CM – Request City Manager request Commissioner of Health and Human Services provide City Council with information concerning improving methods of educating adolescents of sexually transmitted infections and teen pregnancy.