CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 14, 2014

Esther Howland Chamber

Convened: 7:07 P.M.

Adjourned: 9:17 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 September 30, 2014.

Mayor Petty read a Proclamation declaring October 15, 2014 as Disability Employment and White Cane Awareness and Safety Day in the City of Worcester. The Proclamation was presented to Judy Savageau, Chair of the Massachusetts Regional Advisory Council for Massachusetts Commission for the Blind.

Mayor Petty read a Proclamation declaring October 19, 2014 as American Cancer Society Making Strides Against Breast Cancer Day in the City of Worcester. The Proclamation was presented to Dorothy Hargrove, Patricia Mallios, and Michelle Wiser.

Mayor Petty recognized the following speakers:
1. Mauro DePasquale, Worcester resident
2. William Feegbeh, Worcester resident
3. Jacqueline Norton, Worcester resident
4. Matthew Cory, Worcester resident

James & Susan Oppong et al request Firglade St. to be made public.

Anthony Vigliotti request Davis Way be made public from Lake Ave. to 13 Davis Way.

Donald Mathes request replacement of sidewalks on both sides of Malden St., from Idalla Ave. to Medfield St.

Steven McCrohon on behalf of Patricia Garvey request installation of a handicap parking space in front of 19 Wetherell St.

Vjola Mango on behalf of Thanas Mango request installation of a handicap parking space in front of 3 Norman Ave.

NATIONAL GRID for conduit location in: VERNON ST./PROVIDENCE ST./JEFFERSON ST.

NATIONAL GRID & VERIZON NEW ENGLAND, INC for a jointly owned pole location in: HALMSTAD ST.

NATIONAL GRID & VERIZON ENGLAND, INC. for installation and removal of various jointly owned poles in: LAKE AVE. NORTH

NATIONAL GRID & VERIZON NEW ENGLAND, INC for a jointly owned pole location in: WHIPPLE ST.

Recommend Adoption of a Resolution to Apply for, Accept, and Expend Grant Funds from the Commonwealth of Massachusetts Office of Refugees and Immigrants (ORI)

Recommend Adoption of a Resolution to Apply for, Accept, and Expend a Grant of up to Twelve Thousand Dollars and No Cents ($12,000.00) from the Worcester County Sheriff's Office.

Transmitting Informational Communication Relative to the Fiscal Year 2015 Sidewalk Rehabilitation Program.

Recommend Approval of the Private Street Conversion of Luther Avenue, Phoebe Way and Toronita Avenue.

Transmitting Informational Communication Relative to the Cambridge Street - Low Bridge/Over-height Vehicles Warning Devices.

Transmitting Informational Communication Relative to the Construction Progress Report for the Month Ending September 30, 2014.

Transmitting Informational Communication Relative to the Master Plan Update of the Betty Price Playground and the South Worcester Playground.

Transmitting Informational Communication Relative to the Recent Increase in Gun Violence.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of Fifteen Thousand Dollars and No Cents ($15,000.00) from the Hanover Insurance Group Foundation as Received by the Worcester Public Library Foundation for Teen Media Lab at the Worcester Public Library.

Recommend Adoption of a Resolution to Accept with Gratitude Small Cash Donations that Total $845.00 Received During the 3rd Quarter of 2014.

Transmitting Informational Communication Relative to the Status of the City's Climate Action Plan.

Transmitting Informational Communication Relative to a Scheduled Foreclosure Auction on Wednesday, October 22, 2014 at 10 a.m. in the Levi Lincoln Chamber at City Hall.

Recommend that Five Thousand Dollars And No Cents ($5,000.00) be transferred from Account # 91C780K, Capital Equipment, to Account # 34C701, Elder Affairs Capital Equipment.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Loan Account #91C7844, Park Improvements, and be appropriated to Parks Account #72C70214, Institute Park, to allow for current and anticipated contractual obligations.

Recommend that Thirty Thousand Four Hundred Seventy Two Dollars And Forty Four Cents ($30,472.44) be transferred from Loan Account #91C7343A, Sewer Capital Equipment, and be appropriated to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of these (2) Tink Claws.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C7393B, Sewers/Interceptor, and be appropriated to DPW Account #44C751, Sewers/Interceptor Inspection, to allow for the payment of current and future obligations.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C737A, Water Meters, and be appropriated to DPW Account #45C794, Water Meters, to allow for the payments of current and future obligations.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C741A, Street Construction/Sidewalks, and be appropriated to DPW Account #41C797, Sidewalks, to allow for the payment of current and future obligations.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C7454, Sewer Construction, and be appropriated to DPW Account #44C732, Sewer System/Stormwater, to allow for the payment of current and future obligations.

Recommend that Twenty Five Thousand Eight Hundred Eighty One Dollars And No Cents ($25,881.00) be transferred from Loan Account #91C780A, Capital Equipment, and be appropriated to DPW Account #41C703, Capital Equipment, to allow for the purchase and future payment of this vehicle.

Recommend that Eight Hundred Ninety Two Thousand Five Hundred Fifty One Dollars And Twenty Five Cents ($892,551.25) be transferred as recommended, so as to provide sufficient funding for the Off-Street Program for the Second Quarter of Fiscal Year 2015.

Recommend that Thirty Seven Thousand One Hundred Forty Two Dollars And Forty One Cents ($37,142.41) be transferred from Account #330-08, Reserve for Appropriation on Loans, to Account #660-92000, Treasurer's Office Ordinary Maintenance, to fund costs associated with bond issuance .

Transmitting Informational Communication Relative to Current Opportunities for Citizens to Volunteer on the City's Boards and Commissions.

Transmitting Informational Communication Relative to 2014 Canalloween Worcester Celebration on Saturday, October 25, 2014 at 2 p.m.

Transmitting Informational Communication Relative to the Reopening of the Information Booth located on the First Floor of City Hall.

Transmitting Informational Communication Relative to "Worcester, The City That Reads" campaign.

ORDER of Councilor Konstantina B. Lukes - Request City Council suspend the rules of the City Council at the October 14, 2014 meeting to allow the Committee on Public Service and Transportation provide the City Council with any recommendation resulting from the Committee’s October 8, 2014 meeting relative to the transfer of the Cable License from Charter Communications to Comcast Corporation. (Order adopted October 7, 2014 #14d ) (The recommendation of the Committee is subsequent to the October 14, 2014 committee meeting at 4:00 p.m.). REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager Transmitting Informational Communication Relative to the Cable License Transfer: recommend adoption of the accompanying Order to request the City Manager issue a decision rejecting Comcast Corporation’s request for transfer of the Worcester cable television license from Charter Communications based on the testimony presented to the Committee presenting a lack of managerial expertise by Comcast leading to substandard customer service practices.

Amending the Salary Ordinance relative to the Salary of the City Manager.

Amending Section Twenty-Seven of Chapter Two of the Revised Ordinances of 2008 concerning fees to be charged to the Worcester Housing Authority.

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) (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)

Motion Gaffney @ #8.4A CM - Request City Manager provide City Council with all necessary requirements of the City when grant funds are submitted before City Council.

Motion Rivera @ #8.6C CM - Request City Manager request the Commissioner of Public Works & Parks install signage on both sides of Webster St. Bridge that are similar to signs installed at the Cambridge St. Bridge.

Motion Petty @ #8.6C CM - Request City Manager provide City Council with a report regarding the feasibility of raising the fine for trucks that strike low overhead bridges in the City.

Motion Toomey @ #8.6C CM - Request City Manager request the Commissioner of Public Works & Parks consider signage regarding warnings for low bridges displayed in multiple languages.

Motion Toomey @ #8.6C CM - Request City Manger contact the Teamsters for input regarding the prevention of overhead bridge strikes by trucks in the City.

Motion Toomey @ #8.6C - Request City Manager provide City Council with a list of drivers who hit low bridges in the City as a way to track patterns in over-height vehicle accidents.

Motion Russell @ #8.6C CM - Request City Manager request the Commissioner of Public Works & Parks consider installing Low Bridge/Over-height Vehicles Warning Devices at the Sunderland Rd. Bridge.

Motion Russell - @ #8.6C CM - Request City Manager alert Google Maps and similar companies of the hazardous conditions at the low bridges of the city.

Motion Palmieri @ #8.6C CM - Request City Manager consider increasing the fines for striking low overhead bridges to double or triple what it is currently or to the highest limit allowed by the state.

Motion Lukes @ #8.6C CM - Request City Manager request the Commissioner of Public Works and Parks consider installing signs designating the fine for striking low overhead bridges in advance of frequently hit bridges.

Motion Rivera @ #8.10A CM – Request City Manager reach out to groups, including the Youth Violence Prevention Coalition, who are providing positive outreach in the community regarding violence to find ways to expand and support their efforts.

Motion Gaffney @ #8.25A CM - Request City Manager provide City Council with an ammoritization schedule for the solar arrays on municipal buildings.

Motion Lukes @ #8.28A CM - Request City Manager notify abutters of foreclosure properties when the property will be auctioned.

Motion Palmieri @ #9a CC – Request City Manager reach out to Comcast regarding the division on City Council regarding the merger prior to making a commitment to see if concerns can be alleviated.

Motion Petty @ #9a CC - Request City Manager contact Comcast and develop a relationship and have a serious discussion as to the city of Worcester’s needs such as leaving the local stations on the channels they are currently assigned, commit to having a customer call center in the city and keeping the existing jobs.

Motion Bergman @ #9a CC - Request City Manager request the City Solicitor report to City Council whether or not the issue of Charter Communications moving the PEG channels is a violation of Article 6.1 of the contract and if it is worth pursuing.

PETITION – Councilor Kathleen M. Toomey request Isabella St. be resurfaced.

Motion Toomey – Suspension of Rules – Request City Manager request the Commissioner of Public Works and Parks report to the Standing Committee on Public Works at its meeting scheduled for October 15, 2014 regarding the Park Ave. and Chandler St. water leak.

Motion Russell – Suspension of Rules – Request City Manager make certain the removal of graffiti at Greenwood Park takes place as soon as possible.

Motion Russell – Suspension of Rules – Request City Manager provide City Council with an update on the status of fixing up property damaged by street construction on Gambier Ave.

Motion Russell – Suspension of Rules – Request City Manager request City Solicitor to include in contracts a requirement for contractors be held responsible for completing projects in a timely fashion.

Motion Economou – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks plant trees on the easterly side of Eunice Ave.

Motion Bergman – Suspension of Rules – Request Mayor provide recognition to North High School’s Jr. ROTC Program for their work in the Worcester Revolution 1774 Committee‘s activities that took place on September 7, 2014.