agenda of the city council tuesday, may 12, 2020 levi ... · order - that the city council of the...

CITY OF WORCESTER

Tuesday, May 26, 2020AGENDA OF THE CITY COUNCIL

AT-LARGE COUNCILORS

Morris A. Bergman

Donna M. Colorio

Khrystian E. King

Gary Rosen

Kathleen M. Toomey

Edward M. Augustus, Jr.Nikolin Vangjeli

CITY MANAGERCITY CLERK

MAYORJoseph M. Petty

6:30 P.M.

Levi Lincoln (North) Chamber

www.worcesterma.gov

CITY AUDITORRobert V. Stearns

DISTRICT COUNCILORS

Sean M. Rose - District 1

Candy Mero-Carlson - District 2

George J. Russell - District 3

Sarai Rivera - District 4

Matthew E. Wally - District 5

City Hall - 455 Main Street Worcester, Massachusetts

Virtual Meeting: Levi Lincoln Chamber - 415-655-0001 (Access Code:

730323290)

PLEDGE OF ALLEGIANCE1.

STAR SPANGLED BANNER2.

ROLL CALL3.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE4.

APPROVAL OF THE MINUTES5.

5a Adopt on a roll call

Order - That the City Council of the City of Worcester hereby approves the minutes of

the City Council Meeting of May 12, 2020.

5a.

PUBLIC PARTICIPATION - a person may speak for no more than two (2) minutes

on any items appearing on the agenda

6.

In order to ensure the continuation of active public engagement, the City of Worcester

will now use a phone conference line for members of the public to participate in all

public meetings. To participate during the public participation phase of City Council, you

may call the direct lines indicated: Levi Lincoln Chamber - 415-655-0001 (Access Code:

730323290)

6a.

Agenda of the City Council of 6May 26, 2020

http://www.ci.worcester.ma.us

HEARING & ORDER - 6:30 P.M.7.

7a Hold Hearing and Adopt on a roll call

Hearing: NATIONAL GRID for a conduit location at: ENDICOTT ST.

Granting permission to NATIONAL GRID for a conduit location at: ENDICOTT ST.

7a.

PETITIONS - a Petitioner may speak up to three (3) minutes the first time their

petition appears on an agenda

8.

8a Refer to Public Works Committee on a roll call

Councilor Sean M. Rose on behalf of Gordon Duncan request sidewalk repair in front of

the lot located at 13 Burgess St.

8a.

8b and 8c Refer to Traffic and Parking Committee on a roll call

Councilor Matthew E. Wally request the removal of the I-290 sign in front of 812

Pleasant St.

8b.

Councilor Sarai Rivera on behalf of Eric Cruze request installation of an additional

crosswalk across Pleasant St. at Crown St.

8c.

8d Set hearing for June 2, 2020 on a roll call

CHARTER COMMUNICATIONS for a conduit location at: THORNE ST.8d.

COMMUNICATIONS OF THE CITY MANAGER9.

LOAN ORDERS TO BE ADOPTED10.

10a - 10y Adopt on a roll call vote

That the sum of Twenty Five Million Dollars and No Cents ($25,000,000.00) be

appropriated to Account #91C7113T, Doherty High MSBA, to pay for costs associated

with the construction and furnishing of a replacement Doherty Memorial High School at

299 Highland Street.

10a.

That the sum of Three Million Four Hundred Nineteen Thousand Dollars And No Cents

($3,419,000.00) be appropriated to Account #91C7114, Citywide Building

Rehabilitation, to pay for costs associated with Citywide Building Rehabilitation.

10b.

That the sum of Fourteen Million Two Hundred Fifty Thousand Dollars And No Cents

($14,250,000.00) be appropriated to Account #91C784, Park Improvements, to pay for

costs associated with Park Improvements.

10c.


That the sum of Thirteen Million Eight Hundred Sixty Thousand Dollars And No Cents

($13,860,000.00) be appropriated to Account #91C7413A, Street and Sidewalk

Construction, to pay for costs associated with Street and Sidewalk Construction.

10d.

That the sum of Three Million Dollars And No Cents ($3,000,000.00) be appropriated to

Account #91C744B, Off Street Parking Rehab, to pay for costs associated with Off Street

Parking Rehab.

10e.

That the sum of Five Hundred Thousand Dollars And No Cents ($500,000.00) be

appropriated to Account #91C744A, Parking Meters, to pay for costs associated with

Parking Meters.

10f.

That the sum of Two Million Twenty Thousand Dollars And No Cents ($2,020,000.00)

be appropriated to Account #91C7134, Water Mains, to pay for costs associated with

Water Mains.

10g.

That the sum of One Million Eight Hundred Forty Thousand Dollars And No Cents

($1,840,000.00) be appropriated to Account #91C732, Water Building Rehabilitation, to

pay for costs associated with Water Building Rehabilitation.

10h.

That the sum of Ten Million Six Hundred Eighty Five Thousand Dollars And No Cents

($10,685,000.00) be appropriated to Account #91C7134, Water Mains, to pay for costs

associated with Water Mains.

10i.


appropriated to Account #91C702, Water Land Acquisition, to pay for costs associated

with Water Land Acquisition.

10j.

That the sum of Six Hundred Thousand Dollars And No Cents ($600,000.00) be

appropriated to Account #91C731A, Water Capital Equipment, to pay for costs

associated with Water Capital Equipment.

10k.

That the sum of Eleven Million Six Hundred Seventy Thousand Dollars And No Cents

($11,670,000.00) be appropriated to Account #91C745B, Sewer Construction, to pay for

costs associated with Sewer Construction.

10l.

That the sum of Six Hundred Thousand Dollars And No Cents ($600,0000.00) be

appropriated to Account #91C734A, Sewer Capital Equipment.

10m.


That the sum of One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be

appropriated to Account #91C741F, Guardrails, to pay for costs associated with

Guardrails.

10n.

That the sum of Five Hundred Ten Thousand Dollars And No Cents ($510,000.00) be

appropriated to Account #91C741E, Bridge Rehabilitation, to pay for costs associated

with Bridge Rehabilitation.

10o.

That the sum of Three Hundred Thousand Dollars And No Cents ($300,000.00) be

appropriated to Account #91C741C, Private Street Conversion, to pay for costs

associated with Private Street Conversion.

10p.

That the sum of Six Hundred Fifty Thousand Dollars And No Cents ($650,000.00) be

appropriated to Account #91C724B, Traffic Signal Improvements, to pay for costs

associated with Traffic Signal Improvements.

10q.

That the sum of Three Million Five Hundred Thousand Dollars And No Cents

($3,500,000.00) be appropriated to Account #91C711E, Public Schools Rehabilitation, to

pay for costs associated with Public Schools Rehabilitation.

10r.

That the sum of One Million One Hundred Fifty Thousand Dollars And No Cents

($1,150,000.00) be appropriated to Account #91C7161A, Union Station Rehabilitation,

to pay for costs associated with Union Station Rehabilitation.

10s.

That the sum of Two Million Thirty Thousand Dollars And No Cents ($2,030,000.00) be

appropriated to Account #91C711F, Building Rehabilitation Library, to pay for costs

associated with Building Rehabilitation Library.

10t.


appropriated to Account #91C780E, Public Schools Equipment, to pay for costs

associated with Public Schools Equipment.

10u.

That the sum of Two Million Five Hundred Twenty Eight Thousand Five Hundred Forty

Three Dollars and No Cents ($2,528,543) be appropriated to Account #91C7804,

Citywide Capital Equipment, to pay for costs associated with Citywide Capital

Equipment.

10v.


appropriated to Account #91C744B, Parking Lots, to pay for costs associated with

Parking Meters.

10w.


That the sum of Three Hundred Ninety Seven Thousand Dollars And No Cents

($397,000.00) be appropriated to Account #91C775, Civic Center Building

Rehabilitation, to pay for costs associated with Citywide Building Rehabilitation.

10x.


appropriated to Account #91C724B, Street Light Improvements, to pay for costs

associated with Street Light Improvements.

10y.

TABLED ITEMS11.

RESOLUTION of Councilor Konstantina B. Lukes – That the City Council go on record

in favor of supporting the Worcester Bravehearts as they plan for the future. (Tabled

Under Privilege - Lukes August 21, 2018 and Tabled Under Privilege - Petty September

12, 2018 and Tabled - Lukes September 25, 2018)

11a.

ORDER of Councilor George J. Russell, Councilor Sarai Rivera, Councilor Gary Rosen,

Councilor Konstantina B. Lukes, Councilor Khrystian E. King and Councilor Candy

Mero-Carlson - Request City Council have the City Council Standing Committees on

Public Works and Municipal Operations conduct a joint meeting about the future

recommended staffing of the City Council office as well as logistics for office space for

staff and City Council. Further, request the joint committee discuss potential

recommendations regarding the job description and role of the City Council staff persons

and further, encourage other City Councilors who are not members of the joint

committee to attend and be included in the conversation. (Tabled - Petty February 26,

2019)

11b.

COMMUNICATION of the City Manger transmitting informational communication

relative to a legal opinion as to the jurisdiction of office space and facilities within City

Hall. (Tabled Under Privilege - Mero-Carlson March 12, 2019; Tabled Under Privilege -

Petty March 19, 2019 and Tabled - Petty March 26, 2019)

11c.

ORDER of Councilor Konstantina B. Lukes - Request City Manager request City

Solicitor provide City Council with a legal opinion regarding the process of instituting a

residential rent control program and the resulting impact of implementing such a

program. (Tabled Under Privilege - Lukes September 17, 2019 and September 24, 2019

and Tabled - Lukes October 15, 2019)

11d.

ORDER of Councilor Kathleen M. Toomey - In light of recent events, request City

Manager consider establishing a process to inspect rental apartments, which would help

to confirm structural changes are done to the standards set by Inspectional Services, in

the interest of public service. Further, request City Manager provide City Council with a

recommendation as to how often these inspections should take place. (Tabled - King

December 17, 2019)

11e.


REPORT OF THE COMMITTEE ON VETERANS' MEMORIALS, PARKS AND

RECREATION Upon the Petition of Councilor Candy Mero-Carlson request

restoration and relocation of the Sullivan Memorial located in Melrose St. to a location

approximately 50 feet north of its current location: recommend adoption of the

accompanying Order. (Tabled Under Privilege - Mero-Carlson April 21, 2020 and April

28, 2020 and Tabled - Mero-Carlson May 5, 2020)

11f.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under

suspension at the May 19, 2020 City Council meeting.

12.

ORDER of Councilor Kathleen M. Toomey - Request City Manager consider

encouraging retail businesses to use outdoor spaces. - Item #17a CC Order adopted on a

roll call vote of 11 Yeas and 0 Nays

12a.

Scheduled Meetings of the Standing Committees

Tuesday, May. 26, 2020 Finance Committee Levi Lincoln (North)

ChamberChairperson Joseph M. Petty, Kathleen M. Toomey, Sarai Rivera, George J. Russell, Morris A. Bergman,

Gary Rosen, Khrystian E. King, Candy Mero-Carlson, Sean M. Rose, Matthew E. Wally, Donna M. Colorio05:00 PM

Re: Budget FY 2021

Wednesday, May. 27, 2020 Public Works Committee Levi Lincoln (North)

ChamberChairperson George J. Russell, Candy Mero-Carlson, Matthew E. Wally05:00 PM

Monday, Jun. 1, 2020 Public Service and Transportation Committee Levi Lincoln (North)

ChamberChairperson Gary Rosen, Donna M. Colorio, Sarai Rivera05:30 PM

Tuesday, Jun. 2, 2020 Finance Committee Levi Lincoln (North)

ChamberChairperson Joseph M. Petty, Kathleen M. Toomey, Sarai Rivera, George J. Russell, Morris A. Bergman,

Gary Rosen, Khrystian E. King, Candy Mero-Carlson, Sean M. Rose, Matthew E. Wally, Donna M. Colorio05:00 PM

Re: Budget FY 2021


CITY OF WORCESTERJOURNAL OF THE CITY COUNCIL

Tuesday, May 12, 2020

Levi Lincoln (North) Chamber

Convened: 6:31 P.M.

Adjourned: 8:35 P.M.

CITY MANAGEREdward M. Augustus, Jr.

CITY AUDITORRobert V. Stearns

CITY CLERKNikolin Vangjeli

MAYORJoseph M. Petty

AT-LARGE COUNCILORS

Morris A. Bergman

Donna M. Colorio

Khrystian E. King

Gary Rosen

Kathleen M. Toomey

www.worcesterma.gov

DISTRICT COUNCILORS

Sean M. Rose - District 1

Candy Mero-Carlson - District 2

George J. Russell - District 3

Sarai Rivera - District 4

Matthew E. Wally - District 5

City Hall - 455 Main Street Worcester, Massachusetts

1. PLEDGE OF ALLEGIANCE

2. STAR SPANGLED BANNER

3. ROLL CALL - All present with the Mayor as the Chair. All City Council members

participated in the meeting remotely through digital means.

4. PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

5. APPROVAL OF THE MINUTES

5a. Order - That the City Council of the City of Worcester hereby approves the minutes of the

City Council Meeting of April 28, 2020.Mayor Petty read the item and moved for a roll call vote to adopt the item. Order adopted on a

roll call vote of 11 Yeas and 0 Nays.

6. PUBLIC PARTICIPATION

6a. Mayor Petty recognized the following speaker, who participated remotely through digital

means:

1. Michael Papagni, no residence given, spoke in favor of #10b CC

May 12, 2020 Journal of the City Council Page 1 of 18

http://www.ci.worcester.ma.us

7. PETITIONS

7a. Peter and Lisa Honig request the sidewalk in front of 12 Spring Valley Rd. be repaved.

Mayor Petty read the item and moved for a roll call vote to take up items #7a CC through #7d CC

collectively and refer the items to their respective recommended committees and meeting.

Referred to Public Works Committee on a roll call vote of 11 Yeas and 0 Nays.

7b. Mayor Joseph M. Petty request installation of speed calming measures on Seymour St.

from Vernon St. to Millbury St.Referred to Traffic and Parking Committee on a roll call vote of 11 Yeas and 0 Nays (See Item #7a

CC)

7c. Anthony Lananelli request monitoring of illegally dumped trash on Granite St. by

utilizing video technology and law enforcement personnel.Referred to the City Manager on a roll call vote of 11 Yeas and 0 Nays (See Item #7a CC)

7d. NATIONAL GRID for a solely-owned pole location at: MOWER STREET.Hearing set for May 19, 2020 at 6:30 p.m. on a roll call vote of 11 Yeas and 0 Nays (See Item #7a

CC)

8. COMMUNICATIONS OF THE CITY MANAGER


8.1 APPOINTMENTS

Non-City Council Confirmation

Transmitting informational communication relative to the reappointment of

Jacqueline Yang to the Human Rights Commission.

A.

Mayor Petty read the item and moved for a roll call vote to place the item on file.

Placed on file on a roll call vote of 11 Yeas and 0 Nays.

8.2 APPOINTMENTS

City Council Confirmation

8.3 DEPARTMENT OF HUMAN RESOURCES

8.4 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT

8.5 DEPARTMENT OF PUBLIC WORKS AND PARKS

Administration Division

Communication Relative to the FY2021 Water & Sewer Rate

Recommendation, Status of the Integrated Plan, Status of the Water & Sewer

Enterprises, and the Water & Sewer Reserve Policy

A.

Mayor Petty read the item and moved for a roll call vote to refer the item to Public

Works Committee. Referred to Public Works Committee on a roll call vote of 11

Yeas and 0 Nays.


Engineering and Architectural Services Division


Operations Division


Parks Division

8.9 FIRE DEPARTMENT

8.10 POLICE DEPARTMENT

Transmitting informational communication relative to Crime Statistics During

the Coronavirus Pandemic.

A.

Mayor Petty read the item and moved for a roll call vote to refer the item to Public

Safety Committee. Referred to Public Safety Committee on a roll call vote of 11 Yeas

and 0 Nays.

8.11 DEPARTMENT OF EMERGENCY COMMUNICATIONS


8.12 LICENSE COMMISSION

8.13 LAW DEPARTMENT

Transmitting informational communication relative to a legal opinion

concerning the history of Article Two, Section Eight of the Worcester Revised

Ordinances of 2008, Part 1, Residency of Officers and Employees, and the

interplay between the ordinance and Section 3-3(a) of the Worcester home

rule charter.

A.

Mayor Petty read the item and recognized Councilor Bergman, who spoke

concerning the item.

Mayor Petty moved for a roll call vote to place the item on file.

Placed on file on a roll call vote of 11 Yeas and 0 Nays.

8.14 DEPARTMENT OF INSPECTIONAL SERVICES

Administration


Building and Zoning Division


Housing and Health Inspections Division

8.17 DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Public Health


Division of Elder Affairs


Division of Human Rights and Disabilities


Division of Veterans Services


Division of Youth Services

8.22 WORCESTER PUBLIC LIBRARY

8.23 EXECUTIVE OFFICE OF THE CITY MANAGER

Election Commission Division


8.24 PUBLIC SCHOOL DEPARTMENT

8.25 DEPARTMENT OF ADMINISTRATION AND FINANCE

Assessing Division


Budget Office Division


Energy and Asset Management


Purchasing Division


Treasury and Collections Division

8.30 DEPARTMENT OF TECHNICAL SERVICES

8.31 FINANCE ITEMS

Capital Transfers

Recommend that Four Hundred Fifty Thousand Dollars And No Cents

($450,000.00) be transferred from Account # #330-09, Real Estate Sales, and

be appropriated to Account #04C650, Roosevelt School New Land.

A.

Mayor Petty read the item and moved for a roll call vote to take items #8.31A CM,

#8.32A CM through #8.32H CM and 8.33A CM through #8.33C CM collectively and

to adopt and Table Under Privilege the items, respectively.

Order adopted on a roll call vote of 11 Yeas and 0 Nays.

Mayor Petty recognized Councilor Bergman, who moved for a roll call vote to

reconsider the item.

Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

8.32 FINANCE ITEMS

Grants and Donations

Recommend adoption of a resolution to file, accept, and expend a grant in the

amount of One Million Dollars And No Cents ($1,000,000.00) from the

Outdoor Recreation Legacy Partnership Grant Program program.

A.

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays (See Item #8.31A CM)


Recommend adoption of a resolution to file, accept and expend a grant in the

amount of Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00)

from the Workforce Competitive Trust Fund FY 20 program.

B.



amount of Seventy Five Thousand Three Hundred Ninety Four Dollars and

Twenty Cents ($75,394.20) from the US Department of Justice, Office of

Justice Programs, National Institute of Justice, under the FY2020 Paul

Coverdell Forensic Science Improvement Grants Program.

C.


Recommend adoption of a resolution to accept with gratitude a donation of a

K9 bulletproof vest with an approximate monetary value of Two Thousand

Five Hundred Dollars and No Cents ($2,500.00) from Massachusetts

Vest-A-Dog.

D.

Resolution adopted with gratitude on a roll call vote of 11 Yeas and 0 Nays (See Item

#8.31A CM)

Recommend adoption of a resolution to accept with gratitude a donation in

the amount of Twenty-Five Thousand Dollars and No Cents ($25,000.00)

from the Berkshire Bank Foundation for the Small Business Program.

E.

Resolution adopted with gratitude on a roll call vote of 11 Yeas and 0 Nays (See Item

#8.31A CM)


amount of Thirty Thousand Dollars And No Cents ($30,000.00) from the US

Department of Labor under the FY20 TechQuest program.

F.



amount of Twelve Thousand Three Hundred Fifteen Dollars And Forty Cents

($12,315.40) from the Worcester Together program.

G.



Recommend adoption of a resolution to accept federal Supplemental Funding

in the amount of Two Million Seven Hundred Sixteen Thousand Five

Hundred Fifty One Dollars And No Cents ($2,716,551.00) from the U.S.

Department of Housing and Urban Development for The Coronavirus Aid,

Relief and Economic Security Act (CARES Act), for assisting with

COVID-19 impacts through the City of Worcester Fiscal Year 2020/Program

Year 45 from U.S. Housing and Urban Development (HUD) Entitlement

Programs through the Community Development Block Grant (CDBG),

Emergency Solutions Grant (ESG), and Housing Opportunities for Persons

with AIDS (HOPWA).

H.

Three (3) Resolutions and Order adopted on a roll call vote of 11 Yeas and 0 Nays

(See Item #8.31A CM)

8.33 FINANCE ITEMS

Operational Transfers

Recommend that One Hundred Thousand Dollars and No Cents

($100,000.00) be transferred from Account #900-9200, City Managers

Contingency, and be appropriated to Account #270-9200, Communications

Ordinary Maintenance, to provide funding related to the COVID-19 outbreak.

A.

Order adopted on a roll call vote of 11 Yeas and 0 Nays (See Item #8.31A CM)

Recommend that One Hundred Fifty Nine Thousand One Hundred Sixty

Dollars And No Cents ($159,160.00) be transferred as described to allow

funding for Fire Department Overtime.

B.

Order adopted on a roll call vote of 11 Yeas and 0 Nays (See Item #8.31A CM)

Recommend that Nine Hundred Forty Two Thousand Five Hundred Eighty

Two Dollars And Twenty Five Cents ($942,582.25) be transferred to provide

sufficient funding for the Off-Street Program for the 4th Quarter of Fiscal

Year 2020.

C.

Mayor Petty read the item and recognized Councilor Wally, who moved for a roll call

vote to Table the Item Under Privilege. Councilor Wally then moved to, "Request

City Manager provide City Council with a report relative to the financials to date for

the Off-Street Parking Program."

Tabled Under Privilege on a roll call vote of 11 Yeas and 0 Nays.

Tabled Under Privilege - Wally


Recommend that Fifty Five Thousand Eight Hundred Eighty Eight Dollars

And Fifty Two Cents ($55,888.52) be transferred from Account #330-08,

Reserve for Appropriation on Loans, to Account #660-92000, Treasurer’s

Office Ordinary Maintenance, to fund the costs associated with the issuance

of the $40,203,000 Bond Anticipation Notes, dated August 30, 2019.

D.

Mayor Petty read the item and recognized Councilor Wally, who moved to recuse

himself from the item and did not participate on the vote. Mayor Petty then moved

for a roll call vote to adopt the item. Order adopted on a roll call vote of 10 Yeas and

0 Nays (Wally recused)

8.34 FINANCE ITEMS

Prior Year

Recommend that Fifty Two Thousand Seven Hundred Seventy Nine Dollars

And Eighty Four Cents ($52,779.84) be approved to allow for the payment of

a prior year invoice with Fiscal Year 2020 funds.

A.

Mayor Petty read the item and moved for a roll call vote to adopt the item. Order

adopted on a roll call vote of 11 Yeas and 0 Nays.

8.35 FINANCE

Loan Orders

Recommend adoption of a Loan Order in the amount of Twenty Five Million

Dollars and No Cents ($25,000,000.00) be appropriated to Account

#91C7113T, Doherty High MSBA, to pay for costs associated with the

construction and furnishing of a replacement Doherty Memorial High School

at 299 Highland Street.

A.

Mayor Petty read the item and moved for a roll call vote to take items #8.35A CM

through #8.35Y CM Collectively and to advertise the proposed Loan Orders.

Voted to advertise proposed Loan Order on a roll call vote of 11 Yeas and 0 Nays.

Recommend adoption of a Loan Order in the amount of Three Million Four

Hundred Nineteen Thousand Dollars And No Cents ($3,419,000.00) be

appropriated to Account #91C7114, Citywide Building Rehabilitation, to pay

for costs associated with Citywide Building Rehabilitation.

B.

Voted to advertise proposed Loan Order on a roll call vote of 11 Yeas and 0 Nays (See

Item #8.35A CM)

Recommend adoption of a Loan Order in the amount of Fourteen Million

Two Hundred Fifty Thousand Dollars And No Cents ($14,250,000.00) be

appropriated to Account #91C784, Park Improvements, to pay for costs

associated with Park Improvements.

C.


Item #8.35A CM)


Recommend adoption of a Loan Order in the amount of Thirteen Million

Eight Hundred Sixty Thousand Dollars And No Cents ($13,860,000.00) be

appropriated to Account #91C7413A, Street and Sidewalk Construction, to

pay for costs associated with Street and Sidewalk Construction.

D.


Item #8.35A CM)

Recommend adoption of a Loan Order in the amount of Three Million Dollars

And No Cents ($3,000,000.00) be appropriated to Account #91C744B, Off

Street Parking Rehab, to pay for costs associated with Off Street Parking

Rehab.

E.


Item #8.35A CM)

Recommend adoption of a Loan Order in the amount of Five Hundred

Thousand Dollars And No Cents ($500,000.00) be appropriated to Account

#91C744A, Parking Meters, to pay for costs associated with Parking Meters.

F.


Item #8.35A CM)

Recommend adoption of a Loan Order in the amount of Two Million Twenty

Thousand Dollars And No Cents ($2,020,000.00) be appropriated to Account

#91C7134, Water Mains, to pay for costs associated with Water Mains.

G.


Item #8.35A CM)

Recommend adoption of a Loan Order in the amount of One Million Eight

Hundred Forty Thousand Dollars And No Cents ($1,840,000.00) be

appropriated to Account #91C732, Water Building Rehabilitation, to pay for

costs associated with Water Building Rehabilitation.

H.


Item #8.35A CM)

Recommend adoption of a Loan Order in the sum of Ten Million Six Hundred

Eighty Five Thousand Dollars And No Cents ($10,685,000.00) be

appropriated to Account #91C7134, Water Mains, to pay for costs associated

with Water Mains.

I.


Item #8.35A CM)



#91C702, Water Land Acquisition, to pay for costs associated with Water

Land Acquisition.

J.


Item #8.35A CM)


Recommend adoption of a Loan Order in the amount of Six Hundred


#91C731A, Water Capital Equipment, to pay for costs associated with Water

Capital Equipment.

K.


Item #8.35A CM)

Recommend adoption of a Loan Order in the amount of Eleven Million Six

Hundred Seventy Thousand Dollars And No Cents ($11,670,000.00) be

appropriated to Account #91C745B, Sewer Construction, to pay for costs

associated with Sewer Construction.

L.


Item #8.35A CM)

Recommend adoption of a Loan Order in the amount of Six Hundred


#91C734A, Sewer Capital Equipment.

M.


Item #8.35A CM)

Recommend adoption of a Loan Order in the amount of One Hundred Fifty


#91C741F, Guardrails, to pay for costs associated with Guardrails.

N.


Item #8.35A CM)

Recommend adoption of a Loan Order in the amount of Five Hundred Ten


#91C741E, Bridge Rehabilitation, to pay for costs associated with Bridge

Rehabilitation.

O.


Item #8.35A CM)

Recommend adoption of a Loan Order in the amount of Three Hundred


#91C741C, Private Street Conversion, to pay for costs associated with Private

Street Conversion.

P.


Item #8.35A CM)

Recommend adoption of a Loan Order in the amount of Six Hundred Fifty


#91C724B, Traffic Signal Improvements, to pay for costs associated with

Traffic Signal Improvements.

Q.


Item #8.35A CM)


Recommend adoption of a Loan Order in the amount of Three Million Five

Hundred Thousand Dollars And No Cents ($3,500,000.00) be appropriated to

Account #91C711E, Public Schools Rehabilitation, to pay for costs associated

with Public Schools Rehabilitation.

R.


Item #8.35A CM)

Recommend adoption of a Loan Order in the amount of One Million One

Hundred Fifty Thousand Dollars And No Cents ($1,150,000.00) be

appropriated to Account #91C7161A, Union Station Rehabilitation, to pay for

costs associated with Union Station Rehabilitation.

S.


Item #8.35A CM)

Recommend adoption of a Loan Order in Two Million Thirty Thousand

Dollars And No Cents ($2,030,000.00) be appropriated to Account

#91C711F, Building Rehabilitation Library, to pay for costs associated with

Building Rehabilitation Library.

T.


Item #8.35A CM)



#91C780E, Public Schools Equipment, to pay for costs associated with Public

Schools Equipment.

U.


Item #8.35A CM)

Recommend adoption of a Loan Order in the amount of Two Million Five

Hundred Twenty Eight Thousand Five Hundred Forty Three Dollars and No

Cents ($2,528,543) be appropriated to Account #91C7804, Citywide Capital

Equipment, to pay for costs associated with Citywide Capital Equipment.

V.


Item #8.35A CM)



#91C744B, Parking Lots, to pay for costs associated with Parking Meters.

W.


Item #8.35A CM)


Recommend adoption of a Loan Order in the amount of Three Hundred

Ninety Seven Thousand Dollars And No Cents ($397,000.00) be appropriated

to Account #91C775, Civic Center Building Rehabilitation, to pay for costs

associated with Citywide Building Rehabilitation.

X.


Item #8.35A CM)



#91C724B, Street Light Improvements, to pay for costs associated with Street

Light Improvements.

Y.


Item #8.35A CM)


8.36 MISCELLANEOUS AGENDA TRANSMITTALS

Submission of the Fiscal Year 2021 Annual Operating Budget for City

Council review and consideration.

A.


Mayor Petty read the item and moved for a roll call vote to suspend the rules to take

the item out of order and collectively with #8.36B CM, #10a CC and #10b CC.

Motion approved on a roll call vote of 11 Yeas and 0 Nays.

Mayor Petty spoke concerning the item.

Mayor Petty recognized the City Manager, who made a presentation relative to the

city’s budget for FY 2021.

Mayor Petty recognized Councilor Wally, who moved to, “Request City Manager

provide City Council with an update prior to the close of the first quarter of FY21

concerning the city’s actual revenue as it relates to projections in the FY21 budget.”

Mayor Petty recognized Councilor Mero-Carlson, who spoke concerning the item.

Mayor Petty recognized the City Manager, who responded to questions raised by

Councilor Mero-Carlson.

Mayor Petty recognized Councilor King, who spoke concerning the item.


Councilor King.

Mayor Petty recognized Councilor Rosen, who moved to, “Request City Manager

provide City Council with a report relative what affect COVID-19 may have to the

financial aspects of building Polar Park.”

Mayor Petty read the item and recognized Councilor Toomey, who spoke concerning

the item.

Mayor Petty recognized Councilor Toomey, who responded to questions raised by

Councilor Toomey.

Mayor Petty recognized Councilor Rivera and Councilor Rose, who both spoke

concerning the item.


Councilor Rose.

Mayor Petty recognized Councilor Colorio, who spoke concerning the item.


Councilor Colorio.

Mayor Petty recognized Councilor Russell, who moved to, “Request City Manager

provide City Council with a report concerning any immediate actions that may need

to be taken to improve the South Division Fire Station while a more permanent

location is determined and built.”

Mayor Petty recognized Councilor King for a second time, who spoke concerning


the item.


Councilor King.

Mayor Petty recognized Councilor Bergman, who spoke concerning the item.

Mayor Petty recognized Councilor Rivera for a second time, who spoke concerning

the item.


Councilor Rivera.

Mayor Petty moved for a roll call vote to refer items #8.36A CM and #8.36B CM to

Finance Committee, placed item #10a CC on file and adopt Councilor Wally, Rosen

and Russell’s motions. Motion approved on a roll call vote of 11 Yeas and 0 Nays.

Mayor Petty recognized Councilor Russell for a second time, who spoke concerning

the item.

Mayor Petty moved for a roll call vote to refer #10b CC to Finance Committee.

Motion approved on a roll call vote of 11 Yeas and 0 Nays.

Referred to Finance Committee on a roll call vote of 11 Yeas and 0 Nays

Recommend approval of the Fiscal Year 2021 proposed Capital Improvement

Plan for the City of Worcester.

B.

Referred to Finance Committee on a roll call vote of 11 Yeas and 0 Nays (See Item

#8.36B CM)

9. TO BE ORDAINED

9a. Amending The Salary Ordinance Of August 20, 1996 Occupational Group EM –

Executive Management To Add The Positon Of Deputy City Clerk To The City Clerk's

Table Of Organization.Mayor Petty read the item and moved for a roll call vote to take up items #9a CC through #9f CC

collectively, and to ordain the items. Ordained on a roll call vote of 11 Yeas and 0 Nays.

9b. Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind

Handicap Parking In Front Of 7 Irene Street.Ordained on a roll call vote of 11 Yeas and 0 Nays (See Item #9a CC)

9c. Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Amend

Handicap Parking In Front Of 53 Upsala Street.Ordained on a roll call vote of 11 Yeas and 0 Nays (See Item #9a CC)

9d. Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind

Handicap Parking In Front Of 86 Lakewood Street.Ordained on a roll call vote of 11 Yeas and 0 Nays (See Item #9a CC)


9e. Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Amend 15

Minute Parking On Winter Street.Ordained on a roll call vote of 11 Yeas and 0 Nays (See Item #9a CC)

9f. Amending Section 29 Of Chapter 13 Of The Revised Ordinances Of 2008 Providing For

Stop Sign On Institute Road At Wachusett Street.Ordained on a roll call vote of 11 Yeas and 0 Nays (See Item #9a CC)

10. TABLED UNDER PRIVILEGE

10a. ORDER of Councilor Donna M. Colorio - Request City Manager provide City Council

with a financial analysis, which includes capital cost estimates and funding requirements

for the South Division Fire Station and the city wide Financial Management System prior

to revising the City’s Financial Integrity Plan. (Tabled Under Privilege - Petty May 5,

2020)Placed on file on a roll call vote of 11 Yeas and 0 Nays (See Item #8.36A CM)

10b. ORDER of Councilor Khrystian E. King, Mayor Joseph M. Petty and Councilor Kathleen

M. Toomey - Request City Manager consider revising the Financial Integrity Plan for

Fiscal Year 2021 (FY21) to allocate excess New Growth above budgeted to: 1) The High

School Building Fund; and 2) The City Manager Capital Campaign Fund, to prepare for

the capital costs for the South Division Fire Station and the city wide Financial

Management System. (Tabled Under Privilege - Mero-Carlson April 28, 2020 and Tabled

Under Privilege - Petty May 5, 2020)Referred to Finance Committee on a roll call vote of 11 Yeas and 0 Nays (See Item #8.36A CM)

11. TABLED ITEMS

11a. RESOLUTION of Councilor Konstantina B. Lukes – That the City Council go on record

in favor of supporting the Worcester Bravehearts as they plan for the future. (Tabled

Under Privilege - Lukes August 21, 2018 and Tabled Under Privilege - Petty September

12, 2018 and Tabled - Lukes September 25, 2018)No action taken

11b. ORDER of Councilor George J. Russell, Councilor Sarai Rivera, Councilor Gary Rosen,

Councilor Konstantina B. Lukes, Councilor Khrystian E. King and Councilor Candy

Mero-Carlson - Request City Council have the City Council Standing Committees on

Public Works and Municipal Operations conduct a joint meeting about the future

recommended staffing of the City Council office as well as logistics for office space for

staff and City Council. Further, request the joint committee discuss potential

recommendations regarding the job description and role of the City Council staff persons

and further, encourage other City Councilors who are not members of the joint committee

to attend and be included in the conversation. (Tabled - Petty February 26, 2019)No action taken


11c. COMMUNICATION of the City Manger transmitting informational communication

relative to a legal opinion as to the jurisdiction of office space and facilities within City

Hall. (Tabled Under Privilege - Mero-Carlson March 12, 2019; Tabled Under Privilege -

Petty March 19, 2019 and Tabled - Petty March 26, 2019)No action taken

11d. ORDER of Councilor Konstantina B. Lukes - Request City Manager request City

Solicitor provide City Council with a legal opinion regarding the process of instituting a

residential rent control program and the resulting impact of implementing such a

program. (Tabled Under Privilege - Lukes September 17, 2019 and September 24, 2019

and Tabled - Lukes October 15, 2019)No action taken

11e. ORDER of Councilor Kathleen M. Toomey - In light of recent events, request City

Manager consider establishing a process to inspect rental apartments, which would help

to confirm structural changes are done to the standards set by Inspectional Services, in

the interest of public service. Further, request City Manager provide City Council with a

recommendation as to how often these inspections should take place. (Tabled - King

December 17, 2019)No action taken

11f. REPORT OF THE COMMITTEE ON VETERANS' MEMORIALS, PARKS AND

RECREATION Upon the Petition of Councilor Candy Mero-Carlson request restoration

and relocation of the Sullivan Memorial located in Melrose St. to a location

approximately 50 feet north of its current location: recommend adoption of the

accompanying Order. (Tabled Under Privilege - Mero-Carlson April 21, 2020 and April

28, 2020 and Tabled - Mero-Carlson May 5, 2020)No action taken

12. BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under


12a. ORDER of Councilor George J. Russell – Request City Manager review areas frequently

used as illegal dumping sites across the city. – Item #17a CC Order adopted on a roll call

vote of 11 Yeas and 0 Nays

12b. ORDER of Councilor Morris A. Bergman – Request City Manager request City Solicitor

provide City Council with a report concerning what regulations regarding personal

protective equipment (PPE), if any, could be imposed on the panhandling community

during the COVID-19 pandemic, in light of the Supreme Court decision that protects

their constitutional right to panhandle. – Item #17b CC Order adopted on a roll call vote

of 8 Yeas and 3 Nays

12c. ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with a

report detailing the pros and cons of requiring all operators and employers of a retail

business to check their employees’ temperatures with a non-contact infrared

thermometer. – Item #17c CC Order adopted on a roll call vote of 11 Yeas and 0 Nays


13. NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under


13a. Motion Wally @ #8.36A CM – Request City Manager provide City Council with an

update prior to the close of the first quarter of FY21 concerning the city’s actual revenue

as it relates to projections in the FY21 budget.Order adopted on a roll call vote of 11 Yeas and 0 Nays (See Item #8.36A CM)

13b. Motion Rosen @ #8.36A CM – Request City Manager provide City Council with a report

relative what affect COVID-19 may have to the financial aspects of building Polar Park.Order adopted on a roll call vote of 11 Yeas and 0 Nays (See Item #8.36A CM)

13c. Motion Russell @ #8.36A CM – Request City Manager provide City Council with a

report concerning any immediate actions that may need to be taken to improve the South

Division Fire Station while a more permanent location is determined and built.Order adopted on a roll call vote of 11 Yeas and 0 Nays (See Item #8.36A CM)

13d. Motion Wally @ #8.33C CM – Request City Manager provide City Council with a report

relative to the financials to date for the Off-Street Parking Program.Order adopted on a roll call vote of 11 Yeas and 0 Nays (See Item #8.33C CM)

13e. Motion Rivera – Suspension of Rules – Request City Manager consider providing

increased signage prior to completing street sweeping, including the area in the vicinity

of Newbury St.Mayor Petty read the item and moved for a roll call vote to adopt the item. Order adopted on a

roll call vote of 11 Yeas and 0 Nays.


cc2020may20044511

TO THE CITY COUNCIL OF THE CITY OF WORCESTER: The undersigned person(s) most respectfully petitions your Honorable Board: Request sidewalk repair in front of the lot located at 13 Burgess St.

Councilor Sean M. Rose On behalf of Gordon Duncan 62 Drury Lane Worcester, MA 01609

cc2020may20044254

TO THE CITY COUNCIL OF THE CITY OF WORCESTER: The undersigned person(s) most respectfully petitions your Honorable Board: Request the removal of the I-290 sign in front of 812 Pleasant St.

Councilor Matthew E. Wally

cc2020may21025419

TO THE CITY COUNCIL OF THE CITY OF WORCESTER: The undersigned person(s) most respectfully petitions your Honorable Board: Request installation of an additional crosswalk across Pleasant St. at Crown St.

Councilor Sarai Rivera On behalf of Eric Cruze

cm2020may04014331

CITY OF WORCESTER

LOAN ORDER

Doherty High School MSBA Project

ORDERED: That the sum of Twenty Five Million Dollars and No Cents ($25,000,000) be appropriated to Account 91C7113T, Doherty High MSBA, to pay for costs associated with the construction and furnishing of a replacement Doherty High School at 299 Highland Street, to include the demolition and environmental remediation of the existing school, and including the payment of all costs incidental or related thereto. The proposed project (collectively, the “Project”) shall have an anticipated useful life as an educational facility for the instruction of school children for at least fifty (50) years and for which the City may be eligible for a grant from the Massachusetts School Building Authority (“MSBA”); to meet this appropriation the City Treasurer and Collector of Taxes, with the approval of the City Manager, is hereby authorized to borrow said sum of $25,000,000 under and pursuant to M.G.L. Chapter 44 Section 7 Clause 1/Chapter 70B, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefor. The City acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive for the Project shall not exceed the lesser of (1) Eighty percent of eligible, approved costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; and that the amount of borrowing authorized pursuant to this order shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the City and the MSBA. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, maybe be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07040446

CITY OF WORCESTER

LOAN ORDER

(Citywide Building Rehabilitation)

ORDERED: That the sum of Three Million Four Hundred Nineteen Thousand Dollars And No Cents ($3,419,000.00) be appropriated to Account #91C7114, Citywide Building Rehabilitation, to pay for costs associated with Citywide Building Rehabilitation, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07041017

CITY OF WORCESTER

LOAN ORDER

(Park Improvements)

ORDERED: That the sum Fourteen Million Two Hundred Fifty Thousand Dollars And No Cents ($14,250,000.00) be appropriated to Account #91C784, Park Improvements, to pay for costs associated with Park Improvements, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07041217

CITY OF WORCESTER

LOAN ORDER

(Street Construction)

ORDERED: That the sum of Thirteen Million Eight Hundred Sixty Thousand Dollars And No Cents ($13,860,000.00) be appropriated to Account #91C7413A, Street and Sidewalk Construction, to pay for costs associated with Street and Sidewalk Construction, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07041405

CITY OF WORCESTER

LOAN ORDER

(Off Street Parking Improvements)

ORDERED: That the sum of Three Million Dollars And No Cents ($3,000,000.00) be appropriated to Account #91C744B, Off Street Parking Rehab, to pay for costs associated with Off Street Parking Rehab, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07041536

CITY OF WORCESTER

LOAN ORDER

(Off Street Parking Meters)

ORDERED: That the sum of Five Hundred Thousand Dollars And No Cents ($500,000.00) be appropriated to Account #91C744A, Parking Meters, to pay for costs associated with Parking Meters, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07043119

CITY OF WORCESTER

LOAN ORDER

(Water Meters and Installation)

ORDERED: That the sum of Two Million Twenty Thousand Dollars And No Cents ($2,020,000.00) be appropriated to Account #91C7134, Water Mains, to pay for costs associated with Water Mains, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 8, Clause (6) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07043252

CITY OF WORCESTER

LOAN ORDER

(Water Building Rehabilitation)

ORDERED: That the sum of One Million Eight Hundred Forty Thousand Dollars And No Cents ($1,840,000.00) be appropriated to Account #91C732, Water Building Rehabilitation, to pay for costs associated with Water Building Rehabilitation, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07043520

CITY OF WORCESTER

LOAN ORDER

(Water Mains & Distribution System)

ORDERED: That the sum of Ten Million Six Hundred Eighty Five Thousand Dollars And No Cents ($10,685,000.00) be appropriated to Account #91C7134, Water Mains, to pay for costs associated with Water Mains, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 8, Clause (5) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07044709

CITY OF WORCESTER

LOAN ORDER

(Watershed Land Acquisition)

ORDERED: That the sum of Five Hundred Thousand Dollars And No Cents ($500,000.00) be appropriated to Account #91C702, Water Land Acquisition, to pay for costs associated with Water Land Acquisition, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 8, Clause (3) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07044934

CITY OF WORCESTER

LOAN ORDER

(WATER CAPITAL EQUIPMENT)

ORDERED: That the sum of Six Hundred Thousand Dollars And No Cents ($600,000.00) be appropriated to Account #91C731A, Water Capital Equipment, to pay for costs associated with Water Capital Equipment, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 8, Clause (7A) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07045321

CITY OF WORCESTER

LOAN ORDER

(Sewer Construction)

ORDERED: That the sum of Eleven Million Six Hundred Seventy Thousand Dollars And No Cents ($11,670,000.00) be appropriated to Account #91C745B, Sewer Construction, to pay for costs associated with Sewer Construction, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 8, Clause (14) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07045446

CITY OF WORCESTER

LOAN ORDER

(SEWER CAPITAL EQUIPMENT)

ORDERED: That the sum of Six Hundred Thousand Dollars And No Cents ($600,0000.00) be appropriated to Account #91C734A, Sewer Capital Equipment, to pay for costs associated with Sewer Capital Equipment, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07045625

CITY OF WORCESTER

LOAN ORDER

(Guardrails)

ORDERED: That the sum of One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be appropriated to Account #91C741F, Guardrails, to pay for costs associated with Guardrails, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07045821

CITY OF WORCESTER

LOAN ORDER

(Bridge Rehabilitation)

ORDERED: That the sum of Five Hundred Ten Thousand Dollars And No Cents ($510,000.00) be appropriated to Account #91C741E, Bridge Rehabilitation, to pay for costs associated with Bridge Rehabilitation, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07045938

CITY OF WORCESTER

LOAN ORDER

(Private Street Conversion)

ORDERED: That the sum of Three Hundred Thousand Dollars And No Cents ($300,000.00) be appropriated to Account #91C741C, Private Street Conversion, to pay for costs associated with Private Street Conversion, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07050119

CITY OF WORCESTER

LOAN ORDER

(Traffic Signal Improvements)

ORDERED: That the sum of Six Hundred Fifty Thousand Dollars And No Cents ($650,000.00) be appropriated to Account #91C724B, Traffic Signal Improvements, to pay for costs associated with Traffic Signal Improvements, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07050240

CITY OF WORCESTER

LOAN ORDER

(Public School Rehabilitation)

ORDERED: That the sum of Three Million Five Hundred Thousand Dollars And No Cents ($3,500,000.00) be appropriated to Account #91C711E, Public Schools Rehabilitation, to pay for costs associated with Public Schools Rehabilitation, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07050410

CITY OF WORCESTER

LOAN ORDER

(Union Station Rehabilitation)

ORDERED: That the sum of One Million One Hundred Fifty Thousand Dollars And No Cents ($1,150,000.00) be appropriated to Account #91C7161A, Union Station Rehabilitation, to pay for costs associated with Union Station Rehabilitation, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07050547

CITY OF WORCESTER

LOAN ORDER

(Public Library Rehabilitation)

ORDERED: That the sum of Two Million Thirty Thousand Dollars And No Cents ($2,030,000.00) be appropriated to Account #91C711F, Building Rehabilitation Library, to pay for costs associated with Building Rehabilitation Library, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

OFFICE OF THE CITY MANAGER, CITY HALL, WORCESTER, MA 01608 TELEPHONE (508) 799-1175 | FAX (508) 799-1208

EMAIL: [email protected]

Edward M. Augustus, Jr. City Manager

cm2020may07050727 Attachment for Item # 8.35 U

May 12, 2020 TO THE WORCESTER CITY COUNCIL COUNCILORS:

I respectfully recommend adoption of a Loan Order in the amount of Five Hundred

Thousand Dollars And No Cents ($500,000.00) be appropriated to Account #91C780E,

Public Schools Equipment, to pay for costs associated with Public Schools Equipment.

Respectfully submitted,


CITY OF WORCESTER

Edward M. Augustus, Jr.

City Manager

CITY OF WORCESTER

LOAN ORDER

(Public School Equipment)

ORDERED: That the sum of Five Hundred Thousand Dollars And No Cents ($500,000.00) be appropriated to Account #91C780E, Public Schools Equipment, to pay for costs associated with Public Schools Equipment, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

CITY OF WORCESTER, MASSACHUSETTS

cm2020may07050727

CITY OF WORCESTER

LOAN ORDER

(Public School Equipment)

ORDERED: That the sum of Five Hundred Thousand Dollars And No Cents ($500,000.00) be appropriated to Account #91C780E, Public Schools Equipment, to pay for costs associated with Public Schools Equipment, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may07050921

CITY OF WORCESTER

LOAN ORDER

(CITYWIDE CAPITAL EQUIPMENT)

ORDERED: That the sum of amount of Two Million Five Hundred Twenty Eight Thousand Five Hundred Forty Three Dollars and No Cents ($2,528,543) be appropriated to Account #91C7804, Citywide Capital Equipment, to pay for costs associated with Citywide Capital Equipment, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may08114219

CITY OF WORCESTER

LOAN ORDER

(Off Street Parking Lots)

ORDERED: That the sum of Five Hundred Thousand Dollars And No Cents ($255,000.00) be appropriated to Account #91C744B, Parking Lots, to pay for costs associated with Parking Meters, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may08115158

CITY OF WORCESTER

LOAN ORDER

(Civic Center Building Rehabilitation)

ORDERED: That the sum of Three Hundred Ninety Seven Thousand Dollars And No Cents ($397,000.00) be appropriated to Account #91C775, Civic Center Building Rehabilitation, to pay for costs associated with Citywide Building Rehabilitation, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cm2020may08120502

CITY OF WORCESTER

LOAN ORDER

(Street Light Improvements)

ORDERED: That the sum of Five Hundred Thousand Dollars And No Cents ($500,000.00) be appropriated to Account #91C724B, Street Light Improvements, to pay for costs associated with Street Light Improvements, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefore. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

cc2018sep21102142

CITY OF WORCESTER

RESOLVED:

That the City Council go on record in favor of supporting the Worcester Bravehearts as they plan for the future.

cc2019feb08110014

CITY OF WORCESTER

ORDERED: That

The City Council be and is hereby requested to have the City Council Standing Committees on Public Works and Municipal Operations conduct a joint meeting about the future recommended staffing of the City Council office as well as logistics for office space for staff and City Council. Further, request the joint committee discuss potential recommendations regarding the job description and role of the City Council staff persons and further, encourage other City Councilors who are not members of the joint committee to attend and be included in the conversation.

OFFICE OF THE CITY MANAGER, CITY HALL, WORCESTER, MA 01608 TELEPHONE (508) 799-1175 | FAX (508) 799-1208

EMAIL: [email protected]


cc2019feb28013614 Attachment for Item # 10.13 A

March 12, 2019 TO THE WORCESTER CITY COUNCIL COUNCILORS:

The attached communication relative to a legal opinion as to the jurisdiction of office

space and facilities within City Hall, as received from David M. Moore, City Solicitor, is

forwarded as requested by your Honorable Body.

The Solicitor’s report details the legal history of the control of City Hall and, in particular,

the period from about 1873 until the 1893 city charter, when a city council committee

known as the “committee on public buildings” did, in fact, have functional and legal “care

and superintendence,” over City Hall. However, this authority was specifically negated

by subsequent city charters and other laws and actions.

As stated to the City Council on February 26, 2019, I will continue the tradition of

working cooperatively with the Council to accommodate all of our needs to the best of

my ability.

Respectfully submitted,


CITY OF WORCESTER

CITY HALL ROOM 301 - 455 MAIN STREET WORCESTER, MASSACHUSETTS 01608 TELEPHONE (508) 799-1161 E-Mail: [email protected]

David M. Moore

City Solicitor

To: Edward M. Augustus, Jr., City Manager From: David M. Moore, City Solicitor

Date: March 6, 2019

Re: Motion Petty @ #10h CC – Request City Manager request City Solicitor provide City Council with a legal opinion as to who has jurisdiction in regards to office space and facilities within City Hall.

You requested a legal opinion answering the question whether the City Council

Committee on Public Works has any jurisdiction or control over space in City Hall.

This report identifies the combination of a 1873 special act and a 1880 city ordinance as

the source of the belief that the Public Works Committee has jurisdiction over City Hall.

The 1873 special act transferred the “care, custody and management” of all city

property from the mayor to the city council.1 The 1880 ordinance placed the “the care

and superintendence” of city buildings in a superintendent of public buildings who

served "under the direction of the [city council] committee on public buildings.” This

legal organization lasted until 1893 when a new city charter, not only gave custody of

City Hall back to the mayor, but also prohibited the “city council nor either branch

thereof, nor any committee or member thereof,” from taking any part in the care,

custody or management of any city property. This provision remains valid to this day.

The remainder of this report details the history of prior city charters, special acts and city

ordinances which were enacted or repealed as part of a legal tug-of-war over control of

city property in the mid-to late 1800’s. This report concludes by identifying a number of

legal provisions and actions which uniformly negate the validity of assertion that the

Public Works Committee has jurisdiction over City Hall.

1 At that time the mayor was the “principal officer” of the city and the “city council” consisted of

an eight member board of aldermen and a twenty-four member “common council.”

CITY OF WORCESTER, MASSACHUSETTS Law Department

- 2 -

A. City Charters of 1848 & 1866. Both the 1848 Charter (c. 32 of the Acts of 1848) and

the 1866 Charter (c. 199 of the Acts of 1866) used the same language to place the

superintendence of city buildings under the mayor and aldermen:

The mayor and aldermen shall have the care and superintendence of the city buildings." (St. 1848, c. 32 § 8 fifth para. and St. 1866, c. 199 § 13 third para).

B. Special Legislation of 1873. Then in 1873 the city requested and received special

legislation (c. 183) which amended the 1866 city charter solely and specifically to

transfer the superintendence of city property from the mayor and aldermen to the city

council:

The city council of the city of Worcester shall have the care and superintendence of the school houses and other public buildings of said city." (St.1873, c.183 §1).

Section two of that legislation specifically repeals so much of section 13 of the 1866

charter "as confers upon the mayor and aldermen of said city the powers herein

granted to said city council."

C. Revised Ordinances of 1880. At some point after the 1873 special act the city

adopted an ordinance that provided that the superintendent of public buildings "shall,

under the direction of the committee on public buildings, have the care and

superintendence of the school-houses and all other public buildings belonging to the

city, and shall keep himself acquainted with their condition." (my emphasis). Revised

Ordinances of 1880, c.48 §2. The combination of the text of the 1873 special act and

this provision in the 1880 ordinances appear to be the genesis of the belief that the City

Council Committee on Public Works has jurisdiction over City Hall. With the “under the

direction of” organizational structure, it is clear that the committee, and not the

superintendent, had the ultimate say on issues involving city owned buildings, City Hall

included. This measure of control lasted until the charter of 1893 and its duration is

maybe more than coincidental with the planning and construction of a new City Hall.

D. The 1893 City Charter. The 1893 city charter (c. 444 of the Acts of 1893) ended any

city council, or city council committee, control over the city’s public buildings, including

City Hall. Section 18 of the 1893 charter provided:

Neither the city council, nor either branch thereof, nor any committee or member thereof, shall directly or indirectly take part in … the care, custody or management of “any … [city] property…".

- 3 -

This provision terminated any pre-existing care, custody or control over city buildings

held by the city council or its committee on public buildings.2 None of the two remaining

charter changes (the Plan E charter of 1950 and the Home Rule Charter of 1985) have

reinstated that relationship.

E. The Plan E and Home Rule Charters. Neither the 1950 Plan E charter nor the 1985

Home Rule Charter specifically address control over City Hall or any other city buildings.

However, both charters contain two clauses which make certain the 1893 prohibition on

city council committee control over City Hall remains applicable under these subsequent

charters. The first is a “continuity of powers” clause, which says that the city manager

now possesses any and all powers, other than legislative, which were possessed in the

city council immediately prior to adoption of the charter.3 G.L. c.43 §104; H.R.C. § 3-2.4

The second is a “residual powers” clause which provides that, when changing charters,

the powers granted in the old charter carry over to the new charter unless they are

specifically (or by implication) repealed. G.L. c.43 §104;5 H.R.C. § 10-1.6

F. New City Hall. This history of the legal tug-of-war over “control” of City Hall gives a

2 The 1895 edition of the Revised Ordinances granted the city messenger “general care and

custody of the City Hall.” R.O. 1895 §18. However, the city messenger was an appointee of the mayor and not subject to the control of the city council. Furthermore, the duties of the city messenger suggest an operational ‘care and custody,’ as opposed to legal custody. The duties of the city messenger included delivering messages, preparing rooms for, and providing notification of, meetings of the board of aldermen, common council and school committee. The messenger’s duties included compliance with orders of the city council. Lastly, it would be inconsistent with the striping of the city council of any care, custody and control over city buildings to interpret the city messenger’s powers as anything but operational.

3 “The city manager shall have and possess, and shall exercise, all the powers, rights and duties, other than legislative, had, possessed or exercised, immediately prior to the adoption of this plan, by the mayor, board of aldermen, common council and all other boards, commissions and committees of the city and their members, severally or collectively, except such as are by this chapter conferred upon the school committee or are otherwise provided for thereby.” G.L.. c.43 §104.

4 The city manager under the home rule charter possesses "all the power, rights and duties, other than legislative, commonly associated with municipal chief executive or administrative officers." (Home Rule Charter § 3-2).

5 “Ordinances, resolutions, orders or other regulations of a city or of any authorized body or official thereof, existing at the time when such city adopts a plan of government set forth in this chapter, shall continue in full force and effect until repealed, modified or superseded.” G.L. c.43 §104.

6 “All General Laws previously accepted by the City, special laws, ordinances, resolutions, orders, and rules and regulations of or pertaining to the city that are in force when this charter takes effect, and not specifically or by implication repealed herein, shall continue in full force and effect until amended or repealed, or rescinded by due course of law, or until they expire by their own limitations.” H.R.C.§10-1.

- 4 -

glimpse of into an intense debate over the control of space in the City Hall in the second

half of the 1800’s. However, until 1898 “City Hall” was a small brick building about 55

feet wide and 120 feet long located between Front Street and the Old South Meeting

House (located on the Common near Main Street). The new (current) City Hall has a

footprint of 219 feet by 85 feet and was more than three times larger. While there is

nothing specific in the legal documents, the construction of a new, relatively spacious

city hall could certainly contribute to resolving any disputes over space allocation.

The planning, construction and dedication of the current City Hall occurred at least from

1885 when the city obtained special legislation (c. 139) providing bonding authority for

construction of a new city hall on the common. In 1895 the Supreme Judicial Court

ruled that the city could rely on the ten-year old special act as authority for using

parkland (the common) as the location for a new City Hall. Foster v. Worcester, 164

Mass. 419 (1895). Construction then began in 1896 and was completed in 1898.

At the center of this timeline is 1893, when a new city charter was enacted. Section 18

of that charter does not just assign responsibility for City Hall, it actively prohibits the

council or any committee or member thereof from taking any custody or control of City

Hall. The end of the debate over “control” of City Hall appears to end with the

construction of a new City Hall. If anything, the legal actions taken since 1893 negate

any conclusion that the Public Works Committee has any jurisdiction over City Hall.

G. The 2002 Rededication of City Hall. The most recent official action concerning

jurisdiction over City Hall occurred as part of its re-dedication in 2002 when the building

was "placed under the care, custody and control of the city manager for city hall

purposes as the seat of the government of the city of Worcester" by order of the council

adopted on November 12, 2002. See City Council Agenda, Nov. 12, 2002, Item 19B.

H. Rules of the City Council. There is nothing in the City Council Rules that supports

the conclusion that this committee has any jurisdiction over City Hall. Council

committees “have jurisdiction over the items referred to it by the city council.” Rule 47.

The Public Works Committee is empowered “to consider matters pertaining to streets,

water, sewers, sanitation, recycling, snow removal and the construction of public

buildings.” Rules Appendix B – Item G: Public Works Committee. That empowerment

comes in the context of the City Council exercising its powers as the legislative branch

of the city government. The listing of an item indicates the subject matters which will be

- 5 -

referred to committees. It does not give operational control. For example, “snow

removal” is included in the list of items to be “considered” by the committee. Inclusion

on that list does not give the committee any authority to dictate snow plowing

operations. In fact, the city charter precludes city council/city councilor involvement in

operational matters: “neither the city council nor any member thereof shall give orders to

any subordinate of the city manager either publicly or privately.” W.H.R.Charter §2-3(a).

I. Miscellaneous. The proposition that the Public Works Committee has jurisdiction

over City Hall is, on its face, suspect, first, because there is no other instance where a

committee of the city council possesses greater authority than the whole of the city

council. The council committees report to the city council. Second, the authority to

allocate the seating arrangements in City Hall would interfere with the city manager’s

management of the city administration because it would give the Public Works

Committee the power to eliminate an office used by a city employee working within the

jurisdiction of the city manager.

J. Laws Governing Public Property. Lastly, a city council committee with jurisdiction

over a city property is antithetical to the standing laws. In general, legal title to all

property acquired by the city is held by the “City of Worcester.” At the time of

acquisition, the “care, custody and control” of city-owned property is vested in a city

department, board or officer who thereby has operational and administrative control to

put the property to use for the purposes for which it was acquired. The law (G.L. c. 40,

§ 15A) requires a two-thirds city council vote to either change the use of the land or

dispose of it.7 Disposition of city property requires that the officer, department, board or

commission having the care, custody, management and control of the property must

determine whether the real property is no longer required for purpose for which it was

acquired. (G.L. c. 40, § 15A). This is commonly referred to as "declaring it surplus". If

the committee on public works had control over all public buildings, then the committee

would be the official to declare property surplus. I am not aware of any occasion where

the council committee on public works declared any city real estate surplus.

K. Conclusion. For the reasons stated above, and in particular the language of the

1893 charter as it has been carried forth to this day, it is my legal opinion that the City 7 Note that, for land acquired or held for environmental protection purposes, Article 97 of the Articles of Amendment to the Constitution of the Commonwealth requires the approval by a two-thirds vote of each branch of the state legislature in order to transfer the use or custodianship of any such land, or to authorize its disposition.

- 6 -

Council Committee on Public Works has no special jurisdiction over City Hall or any

other city property or buildings and, therefore, no authority to unilaterally exercise any

specific level of care, custody and control over City Hall or any other particular city

building.8

Sincerely,

David M. Moore City Solicitor

8 Legal opinions, buy their nature, predict which legal position would prevail should the matter be

decided in court, where one party wins while the other party loses. The vast majority of issues are decided out of court where cooperation and compromise are the driving values.

cc2019sep13031558

CITY OF WORCESTER

ORDERED: That

The City Manager be and is hereby requested to request City Solicitor provide City Council with a legal opinion regarding the process of instituting a residential rent control program and the resulting impact of implementing such a program.

cc2019dec12090742

CITY OF WORCESTER

ORDERED: That

In light of recent events, the City Manager be and is hereby requested to consider establishing a process to inspect rental apartments, which would help to confirm structural changes are done to the standards set by Inspectional Services, in the interest of public service. Further, the City Manager be and is hereby requested to provide City Council with a recommendation as to how often these inspections should take place.

cc2019feb21095119

CITY OF WORCESTER

In Committee April 14, 2020

The Committee on Veterans' Memorials, Parks And Recreation to whom was referred February 26, 2019 the Petition of Councilor Candy Mero-Carlson request restoration and relocation of the Sullivan Memorial located in Melrose St. to a location approximately 50 feet north of its current location; having considered the same, most respectfully reports recommending adoption of the accompanying Order. For the Committee

Clerk

cc2019feb21095119

CITY OF WORCESTER

ORDERED: That

The City Manager be and is hereby authorized and requested to request the Veterans’ Agent to restoration and relocation of the Sullivan Memorial located in Melrose St. to a location approximately 50 feet north of its current location.

agenda of the city council tuesday, may 12, 2020 levi ... · order - that the city council of the...

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