CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 10, 2013

Esther Howland Chamber

Convened: 7:08 P.M.

Recessed into Executive Session: 8:13 P.M. Convened in the Mayor's Office for Executive Session: 8:14 P.M. Recessed from Executive Session: 8:43 P.M. Reconvened to Open Session: 8:45 P.M. Adjourned: 9:02 P.M. City Council will Convene on December 17, 2013 at 6:00 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of November 26, 2013.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a jointly-owned pole location in: BUCKLEY ST. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a jointly-owned pole location in: BUCKLEY ST.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a jointly-owned pole location in: REVERE ST. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a jointly-owned pole location in: REVERE ST.

To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2014.

Communication of the City Manager transmitting informational communication relative to the Fiscal Year 2014 Tax Classification Hearing.

Mayor Petty recognized the following speakers:

1. William Feegbeh, Worcester resident
2. Jo Hart, Worcester resident

Councilor Philip P. Palmieri noted the Boston Globe for their encouraging December 10, 2013 article in regards to the CitySqaure Project and redevelopment of downtown Worcester.

Thomas & Barbara Sobolewski request abatement of street betterment assessment #25280 in the amount of $13,057.53 for Monticello Dr.

Kien T. Le request abatement of street betterment assessment #25282 in the amount of $16,343.10 for Monticello Dr.

Vincent Gencarelli request abatement of street betterment assessment #25322 in the amount of $5,156.40 for Corrine St.

Douglas Tufts request abatement of street betterment assessment #25284 in the amount of $12,106.00 for Monticello Dr.

David Goparian request abatement of street betterment assessment #25279 in the amount of $12,106.00 for Monticello Dr.

Alexander Lorincz, President Import Autopart Inc. request installation of 30 minute parking 8:00 AM - 6:00 PM Monday to Friday in front of 33 Deerfield St.

Councilor Tony Economou on behalf of George Tsagarelis request the 2,125 square foot property located at 93 Rockrimmon Rd. be conveyed to the City.

Transmitting Informational Communication Relative to the Reappointments of Timothy McCann and Kevin Provencher to the Historical Commission.

Transmitting Informational Communication Relative to the Reappointment of Vadim Michajlow to the Zoning Board of Appeals.

Recommend Approval of the Appointment of Carol Claros to the Community Development Advisory Committee.

Recommend Approval of the Reappointment of James Berry to the Affirmative Action Advisory Committee.

Recommend Approval of the Reappointments of Nicole Apostola, Richard Perry and William Wallace to the Hope Cemetery Board of Commissioners.

Transmitting Informational Communication Relative to Additional Financial and Budgetary information to Illustrate the Costs Associated with the CitySquare Project.

Transmitting Informational Communication Relative to the Quarterly Update Report of Economic Development Initiatives.

Transmitting Informational Communication Relative to the Economic Development Report Relative to Small Business Recruitment and Retention Efforts.

Recommend Adoption of a Resolution to Apply for, Accept and Expend up to Four (4) Grants from the Commonwealth Corporation Workforce Training Fund Program.

Transmitting Informational Communication Relative to the Application Process for the Year 40/ FY15 Community Development Block Grant (CDBG) Program, the Emergency Solutions Grant (ESG) Program, and the Housing Opportunities for People with AIDS (HOPWA) Program.

Transmitting Informational Communication Relative to Additional Funding for CitySquare from the Commonwealth of Massachusetts, Executive Office of Housing and Economic Development.

Recommend Adoption of a Resolution to Accept a Donation from the Greater Worcester Land Trust in the Amount of One Hundred Forty One Thousand Dollars and No Cents ($141,000.00).

Recommend Adoption of a Proposed Order for Securing Easements on the Properties along McKeon Road for the Purpose of Constructing Sidewalks.

Transmitting Communication Relative to Parking Meters at Rockwood Field.

Transmitting Informational Communication Relative to Construction Progress Report for the Month ending November 30, 2013.

Transmitting Informational Communication Relative to the Panhandling Lawsuit Injunction Decision.

Transmitting Informational Communication Relative to the Court Decision in the City Clerk Department Lay-Off Case.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the United States District Court Denial of a Preliminary Injunction Request from Pat's Towing.

Recommend Adoption of a Resolution to Apply for, Accept and Expend a Grant from KaBOOM!, Inc. of up to Fifty Five Thousand Dollars and No Cents ($55,000.00) to be Used to Open School Playgrounds Outside of School Hours to the Public.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Sixty-Eight Thousand Four Hundred Dollars and No Cents ($68,400.00) from the United Way to Purchase a Mini-mobile Library Vehicle, "Lilly".

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the amount of One Hundred Ten Thousand Dollars and No Cents ($110,000.00) From the Worcester Public Library Foundation for the One City, One Library Initiative.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Forty Thousand Dollars and No Cents ($40,000.00) from the Worcester Public Library Foundation for Library Materials for the Mini-mobile Library.

Recommend that One Hundred Forty One Thousand Five Hundred Dollars And No Cents ($141,500.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C772, Infiltration - Lake Ave, to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Twenty Seven Thousand Four Hundred Eighteen Dollars And No Cents ($27,418.00) be transferred as follows: $15,443.00 from Loan Account #91C7110A, Citywide Building Rehabilitation, and $11,975.00 from Loan Account #91C7112A, Citywide Building Rehabilitation, and the total of $27,418.00 be appropriated to Account #41C704, DPW Building Rehabilitation, to allow for the payment of current and anticipated obligations for building repairs per the cash flow procedure.

Recommend that Thirty Three Thousand Seven Hundred Seventy Four Dollars And No Cents ($33,774.00) be transferred from Loan Account #91C7314, Water Capital Equipment, when and as received, and be appropriated to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of this equipment per the cash flow procedure.

Recommend that One Hundred Eighty Thousand Dollars And No Cents ($180,000.00) be transferred from Loan Account #91C7413C, Street Construction/Sidewalks, and be appropriated to Account #41C797, Sidewalks, to allow for the payment of current and future obligations.

Recommend that One Hundred Twenty Nine Thousand Two Hundred Twelve Dollars And No Cents ($129,212.00) be transferred from Loan Account #91C7804, Capital Equipment, when and as received, and be appropriated to DPW Account #41C703, Capital Equipment, to allow for the purchase and future payment of these vehicles.

Recommend Authorization to Use Funds from Various Revolving Fund Accounts in Fiscal Year 2014, as Required Prior to the Certification of the Tax Rates by the Department of Revenue.

Patrice Aylmer, Project Manager for Vertex-TCS, LLC, transmitting notification of release of oil and/or hazardous material at 20 Jolma Rd.

Allen Walker, Principal Environmental Engineer for Arcadis US, Inc., transmitting an Activity and Use Limitation notification for 278-284 Grove St.

Gregory Morand, Senior Project Manager for Cushing, Jammallo & Wheeler, Inc., transmitting Notice of Activity and Use Limitation Form for 1068 West Boylston St. & "Lot A" Apthorp St.

David J. Rushford, City Clerk, transmitting communication from Jonathan Sclarsic, Assistant Attorney General, concerning Open Meeting Law Complaint from Councilor Konstatina B. Lukes.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Order of Mayor Joseph M. Petty - That the City Council of the City of Worcester does hereby appoint Ed Augustus as the next City Manager, term to begin on January 6, 2014 for a period of six to twelve months. Further, let it be known that Mr. Augustus be disqualified for consideration for reappointment immediately following the short term contract. Further, request the Standing Committee on Municipal Operations convene a meeting in executive session for the purpose of strategizing and negotiating with Mr. Augustus a contract for six to twelve months and report to City Council the results of this negotiation no later than December 10, 2013: recommend adoption of the accompanying Order that the Committee on Municipal Operations does hereby authorize and request the Mayor to execute an employment contract with Edward M. Augustus based on the terms as discussed in Executive Session for the employment period of Sunday, January 5, 2014 through Friday, October 3, 2014.

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)

Motion Toomey @ #6a CC - Request City Manager report and distribute to the public all information regarding both senior citizen and hardship tax rate abatement processes.

Motion O'Brien @ #11.4A CM - Request City Manager provide City Council with a summary of public funding efforts, as well as a one page timeline regarding the CitySquare Parking Garage.

Motion Germain @ #13a CC - That the City Council does hereby recess from open session to executive session for the purpose of discussing the new City Manager contract.

Councilor Germain, Chairman of the Municipal Operations Committee, requested the following Report be submitted for consideration: 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.

RESOLUTION - That the City Council recognizes the 2013 Varsity Football Team and Coaching Staff at Doherty Memorial High School for their District 4 State Championship victory, defeating Dennis-Yarmouth 28-26 on Saturday, December 7, 2013 at Gillette Stadium in Foxborough, Massachusetts.

PETITION – Councilor Tony Economou request Department of Public Works install a "Crime Watch" sign in the vicinity of Claridge Rd.

Motion Economou – Suspension of Rules – Request City Manager request Police Chief create a notice to be given to victims, either in person or on the city website, to inform, victims of the steps to be taken follow their filing of a police report.