CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 16, 2014

Esther Howland Chamber

Convened: 7:02 P.M.

Adjourned: 9:02 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 December 2, 2014.

KEY OF THE CITY - Mayor Petty presented a “Key to the City" to Robert E. Gates, President of the Indian Lake Watershed Association and a founder of Morgan Park. Councilor Economou read and presented a citation from the Massachusetts House of Representatives sponsored by State Representatives James J. O’Day and John J. Mahoney. State Senator Harriette L. Chandler with State Senator Michael O. Moore sponsored a citation from Massachusetts State Senate and thanked Mr. Gates for his commitment to his community and environmental activism for the preservation of Indian Lake.

PURPLE HEART CITY - Commander Leo David Agnew from the Department of Massachusetts Military Order of the Purple Heart presented Mayor Joseph M. Petty with a plaque acknowledging the City of Worcester as a Purple Heart City, a first for a major city in the Commonwealth of Massachusetts. Mayor Petty read and presented a Proclamation to Commander Leo David Agnew. State Senator Harriette L. Chandler presented a citation for the City of Worcester to Mayor Petty from the Massachusetts House of Represenatives sponsored by State Representative Mary S. Keefe, James J. O’Day, John J. Mahoney and Daniel M. Donahue. State Senator Michel O. Moore with State Senator Harriette L. Chandler presented a citation for the City of Worcester to Mayor Petty from the Massachusetts State Senate. Commander Agnew, with members of the Order of the Purple Heart, presented the Mayor Petty with a Purple Heart Flag for the City of Worcester.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, INC for joint pole location in: CANDLEWOOD ST. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC for joint pole location in: CANDLEWOOD ST.

Mayor Petty recognized the following speakers:
1. John Provost, Worcester resident
2. William Breault, Worcester resident
3. Matthew Bachand, Worcester resident
4. Ed Pietrewicz, Worcester resident

MOMENT OF SILENCE for Arthur Andeoli, a city business man who passed away this week.(at the request of Councilor Palmieri).

Margaret Pottle request removal of city owned tree located in front of 53 Mary Ann Dr.

Michael Grandone request City Manager consider if it would save taxpayers confusion if the real estate tax bills had an additional column showing what the actual tax is per said "Calendar Year" in addition to crossing years because the City is on a "Fiscal" based tax calendar schedule.

Jo Hart request a new item at the beginning of the agenda for all City Council meetings that would be a blank item for anyone, public or official, to bring up and discuss any topic of municipal importance that has arisen or received public notice since the last City Council meeting and it could be called "Town Crier."

Barbara Garcia on behalf of Dacian Tirado request installation of handicap parking space in front of 191 Chino Ave.

Jay Foley request crosswalk be reinstalled in Summer St. at Asylum St.

Transmitting Informational Communication Relative to the Appointment of Sandra Bisson to the Elder Affairs Commission.

Recommend the Appointments of Paula Stuart and Daniel Whalen to the Community Development Advisory Committee.

Transmitting Informational Communication Relative to the Wheelabrator Millbury Solid Waste Disposal Contract.

Transmitting Informational Communication Relative to Keep Worcester Clean (KWC) Activity Report for the month of October 2014.

Transmitting Informational Communication Relative to the Construction Progress Report for the month ending November 30, 2014

Transmitting Informational Communication Relative to the History of the Management Contract between the City and the DCU Center.

Transmitting Informational Communication Relative to Existing PILOT Agreements.

Transmitting Informational Communication Relative to the WRA Special Legislation Authorizing the City Manager to Name the Chair.

Transmitting Informational Communication Relative to Opioid Overdose Prevention Plan & Recommendations.

Transmitting Informational Communication Relative to an Informational Session on Executive Order on Immigration Scheduled for Thursday, December 18th from 12:30pm - 1:30pm in the Levi Lincoln Jr. Chambers at City Hall.

Transmitting Informational Communication Relative to the 2014 Bond Rating.

Recommend that Seventy Five Thousand Dollars And No Cents ($75,000.00) be transferred from Loan Account # 91C7112A, Citywide Building Rehab., and be appropriated to Parks Account # 72C70211, Lake Park, to allow for current and anticipated contractual obligations.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7134, Water Mains, and be appropriated to DPW Account #45C721, Water Mains, to allow for the payments of current and future obligations.

Recommend that Thirty Nine Thousand Two Hundred Ninety Five Dollars And Twenty Five Cents ($39,295.25) be transferred from Loan Account #91C734A, Sewer Capital Equipment, when and as received, and be appropriated to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of this equipment.

Recommend that Sixty One Thousand Dollars And No Cents ($61,000.00) be transferred from Loan Account #91C738, Water Reservoir Rehab., and be appropriated to DPW Account #45C768, Water Filtration Plant, to allow for the payment of anticipated obligations associated with the Water Filtration Plant.

Recommend that Four Hundred Fifty Thousand Dollars And No Cents ($450,000.00) be transferred from Loan Account #91C7383A, Reservoir Remodeling, and be appropriated to DPW Account #45C728, Reservoir Rehabilitation, to allow for payment of current and future obligations.

Recommend that Thirty Thousand Dollars And No Cents ($30,000.00) be transferred from Loan Account #91C7440B, Building Rehabilitation, and be appropriated to DPW Account #46C704, Federal Plaza Garage, to allow for payment of current and anticipated obligations associated with minor repairs at this location.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C7454, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Reconstruction, to allow for the payment of current and future obligations.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C741D, Street Construction, and be appropriated to DPW Account #41C796, Downtown Streets & Sidewalk Improvements, to allow for the payment of current and future obligations associated with this project.

Recommend that Thirty Eight Thousand One Hundred Sixty Five Dollars And Nine Cents ($38,165.09) be transferred: ($15,895.03) from Loan Account # 91C7803A, Citywide Capital Equipment, and ($22,270.66) from Loan Account # 91C7804, Citywide Capital Equipment, when and as received, to Parks Account # 72C701, Parks Capital Equipment, to allow for the purchase and future payment of a Terrain Mower.

Transmitting Informational Communication Relative to Thanksgiving Day Donations 2014.

Recommend that a grant in the amount of Six Thousand Dollars And No Cents ($6,000.00) from the Massachusetts Department of Public Health for the maintenance of (3) Mass Decontamination Units be accepted.

Recommend City Council Adoption of a Resolution to Accept Grant Funds as a Sub-Recipient of the Main South Community Development Corporation under their Byrne Criminal Justice Innovation (BCJI) Grant from the US Department of Justice.

Recommend that Seventy Thousand Dollars And No Cents ($70,000.00) be transferred from Reserve Revenue Account #330-10, Sewer Connection Permit Fees, and be appropriated to Sewer Account #44012203-93501, Sewer Pumping Land Structure Improvements, to allow for the payment of anticipated obligations associated with this sewer pumping station project.

Recommend that Two Hundred Fifty Five Thousand Two Hundred Dollars And No Cents ($255.200.00) be transferred from Account #330-08, Reserve For Appropriation Premium on Loans, and be appropriated to Account #660-92000, Treasury Ordinary Maintenance.

Recommend that One Million Five Hundred Thousand Dollars And No Cents ($1,500,000.00) be transferred from Account #330-09, Reserve For Appropriation Land Sales, and be appropriated to Account #661-94202, Debt Service Principal, to pay down FY15 debt.

Transmitting Informational Communication Relative to an Invitation to Join Mayor Joseph M. Petty and City Manager Edward M. Augustus, Jr. at the 2014 Holiday Party on Thursday, December 18, 2014 from 3pm - 5pm at City Hall.

Elizabeth Early, Executive Secretary of the Worcester Retirement Board transmitting their request to City Council to accept the provisions of sections 63, 64 and 65 of Chapter 139 of the Acts of 2012, a local option that increases the Chapter 32 § 101 Survivor Allowance from $9,000 to $12,000 annually as of January 1, 2015.

REPORT OF THE PLANNING BOARD Upon the Petition of Biodun Akande request to make public Stanley Rd.

REPORT OF THE PLANNING BOARD Upon the Petition of Biodun Akande request to make public Beaman Ave.

REPORT OF THE PLANNING BOARD Upon the Petition of James & Susan Oppong et al request Firglade St. be made public.

REPORT OF THE PLANNING BOARD Upon the Petition of Anthony Vigliotti request Davis Way from Lake Ave. to 13 Davis Way be made public.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager recommending approval of the Private Street Conversion of Luther Ave., Phoebe Way and Toronita Ave.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager recommend adoption of a Resolution relative to the establishment of the Salisbury Cultural District: recommend adoption of the accompanying Resolution.

ORDER of Councilor Morris A. Bergman, Councilor Philip P. Palmieri and Councilor Gary Rosen - Request City Manager request City Solicitor provide City Council with a history and explanation as to the legal / political process(es) implemented by the City of Cambridge, Massachusetts to no longer be subject to Mass. Gen. Laws. Chapter 40A, Section 3 ( the “Dover Amendment”). (Tabled Under Privilege - Bergman December 9, 2014)

COMMUNICATION of Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to a revised update as to the status of petitions made by property owners to the Massachusetts Appellate Tax Board. (Tabled - Economou December 9, 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 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)

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)

Motion Petty @ #6a CC – Request City Manager consider illuminating the towers of outside of Union Station with purple lights on August 7th annually in recognition of the honor bestowed to the city as a Purple Heart City and to honor the veterans who lost their life at the Battle of the Bulge.

Motion Lukes @ #12a CC – Request City Manager report whether or not the survivor allowance is offset by Social Security benefits in relation to city pensions.

Motion Bergman @ #11.13C CM – Request City Manager consider adding a term limit for the Chair of the WRA to the Special Legislation authorizing the City Manager to name the Chair.

Motion Lukes @ #11.13C CM – Request the City Manager review the term limits for all the boards and commissions in an effort to standardize.

Motion Lukes @ #11.20A CM – Request City Manager televise the information session regarding the Executive Order on Immigration Scheduled for Thursday, December 18, 2014.

Motion Rushton @ #11.28A CM – Request City Manager provide City Council with the dollar amount in the city’s stabilization fund.

Motion Lukes @ #15a CC - Request City Manager include in any communication that is provided to City Council relative to the Dover Amendment what zonings requirements non-profits are subject to and ways the non-profits avoid zoning issues such as creating dummy companies or using straw persons to circumvent the open process.

Motion Economou @ #15b CC – Request City Manager request the City Assessor to report the following: 1) What happens to the excess funds in the overlay account; 2) How are the excess funds reported to the state; and, 3) Provide a historical perspective concerning the overlay account and what can be learned to plan for the future.

Motion Palmieri – Suspension of Rules – Request City Manager withhold the $300,000 for funding a conservation restriction of land near Harrington Way until and if the Ecotarium and its neighbors come to an agreement concerning the placement of a cell tower.

Motion Petty – Suspension of Rules – Request City Manager provide City Council with a detailed report concerning the siting of the cell tower at the Ecotarium that includes the pros and the cons for the site, FCC laws and regulations. any pertinent data that would help in understanding this siting and what is Councils authority regarding the siting of a cell tower. Councilor Economou moved to amend: Further, request City Manager report what is required to add to the height of an existing cell tower. (Petty, Economou)

Motion Rosen – Suspension of Rules – Request City Manager report to City Council what the ZBA’s role is in the siting of the cell tower at the Ecotarium and further, report what financial benefit will be realized by the Ecotarium as a result of locating a cell tower on their property.

Motion Economou – Suspension of Rules – Request City Manager request the Commissioner of Public Works & Parks to conduct street sweeping efforts for the streets in the Midland Street area.