CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 20, 2016

Esther Howland Chamber

Convened: 7:12 P.M.

Adjourned: 10:14 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 6, 2016.

Mayor Petty recognized the following speakers:
1. Brian Bruso, Leicester resident
2. Monsignor Stephen Pedone, Worcester resident
3. George O’Neil, no residence given
4. Michael Martin, Rutland resident
5. Sherri Pitcher, Worcester resident
6. David Soares, Worcester resident
7. Timothy McGourthy, Worcester resident
8. John Provost, Worcester resident
9. Rachel Williams-Reed, Worcester resident
10. Barbara Lucci, Worcester resident
11. Idella Hazard, Worcester resident
12. Joan Crowell, Worcester resident
13. Virginia Ryan, Worcester resident
14. Carmelita Bello, Worcester resident
15. Nino Giamei, Worcester resident
16. Lynn Raffa, Worcester resident
17. Jane Pastore, Worcester resident
18. Elaine Befaro, Worcester resident
19. Amoret Zamarro Beiter, Worcester resident
20. Deborah Packard, Worcester resident
21. Maria Shinamaio, Shrewsbury resident
22. Philip Palmieri, Worcester resident
23. Father Richard Reidy, Worcester resident
24. Mauro DePasquale, Worcester resident
25. Jo Hart, Worcester resident
26. George Kerxhalli, Worcester resident
27. Richard Trubiano, Worcester resident

Hearing: NATIONAL GRID for a manhole location at: JANICE NADEAU WAY/SOUTHGATE ST./AMORY ST. Granting permission to NATIONAL GRID for a manhole location at: JANICE NADEAU WAY/SOUTHGATE ST./AMORY ST.

Hearing: VERIZON NEW ENGLAND INC. for a conduit location at: GODDARD MEMORIAL DR. AND AIRPORT DR. Granting permission to VERIZON NEW ENGLAND INC. for a conduit location at: GODDARD MEMORIAL DR. AND AIRPORT DR.

Hearing: VERIZON NEW ENGLAND INC. for a conduit location at QUINSIGAMOND AVE. AND CAMBRIDGE ST. Granting permission to VERIZON NEW ENGLAND INC. for a conduit location at: QUINSIGAMOND AVE. AND CAMBRIDGE ST.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, LLC. for jointly-owned pole at: STAFFORD ST. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, LLC. for jointly-owned pole at: STAFFORD ST.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to a legal opinion concerning establishing an Historic District for Mt. Carmel Church property: recommend adoption of the accompanying Order as amended that the City Council does hereby request the establishment of a proposed Historic District for the Mt. Carmel property that includes the church, rectory, recreation center and ball field. (Tabled Under Privilege - Bergman December 6, 2016 and Held to be First Item of Business on December 20, 2016 - Petty December 13, 2016)

COMMUNICATION of Timothy J. McGourthy, Executive Director for Worcester Regional Research Bureau, Inc. transmitting communication regarding "Tax Classification: Passing the Buck$ - Ending the Tug-of-War Among Worcester Taxpayers." (Held to be First Item of Business on December 13, 2016 - Lukes November 22, 2016 and Held for the Recessed Tax Classification Hearing on December 20, 2016 - Petty December 13, 2016)

COMMUNICATION of the City Auditor transmitting the unaudited financial reports on the budgetary basis for results of operations in fiscal 2016 for the General and Enterprise Funds (Schedules A through B-3). (Tabled Under Privilege - Lukes November 15, 2016 and Held to be First Item of Business on December 13, 2016 - Mero-Carlson November 22, 2016 and Held for the Recessed Tax Classification Hearing on December 20, 2016 - Petty December 13, 2016)

COMMUNICATION of Mayor Joseph M. Petty transmitting "A Report of the Discussions of the Mayor’s Tax Policy Committee." (Tabled Under Privilege - Lukes November 15, 2016 and Held to be First Item of Business on December 13, 2016 - Mero-Carlson November 22, 2016 and Held for the Recessed Tax Classification Hearing on December 20, 2016 - Petty December 13, 2016)

COMMUNICATION of the City Manager transmitting informational communication relative to Tax Classification Amendments. (Held for the Recessed Tax Classification Hearing on December 20, 2016 - Petty December 13, 2016)

RECESSED HEARING: To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2017.

ORDER of Councilor Tony Economou - That the tax rate for Fiscal Year 2017 be set at $19.63 for Residential Property and $32.00 for Commercial, Industrial and Personal Property. (Held for the Recessed Tax Classification Hearing on December 20, 2016 - Petty December 13, 2016) - see Item #10e for table.

ORDER of Councilor Candy Mero-Carlson - That the tax rate for Fiscal Year 2017 be set at $19.25 for Residential Property and $32.99 for Commercial, Industrial and Personal Property. (Held for the Recessed Tax Classification Hearing on December 20, 2016 - Petty December 13, 2016) - see Item #10e for table.

ORDER of Councilor Michael T. Gaffney - That City Council leave the current tax rates as they are and substitute the remaining tax levy increase by increasing local receipt estimates contained in the FY 2017 Budget by $2,462,496.00 and decreasing the property taxes levied by $2,462,496.00. (Held for the Recessed Tax Classification Hearing on December 20, 2016 - Petty December 13, 2016)

COMMUNICATION of the City Manager transmitting informational communication relative to the preliminary Fiscal Year 2017 Tax Classification. (Held to be First Item of Business - Petty November 29, 2016 and Held for the Recessed Tax Classification Hearing on December 20, 2016 - Petty December 13, 2016)

Katalina Rivera request installation of a streetlight in the vicinity of 37 Westmorland Dr.

Mayor Joseph M. Petty request the installation of a crosswalk at 57 Laurel St.

Tyrenna Gaines request installation of resident permit parking in Downing St.

Justin Rooney request installation of "No Parking Anytime" signage throughout Moreland Hill Condominiums, in the vicinity of Camelot Dr., Wrentham Rd., Merlin Ct. and Tristan Ct., as presented in the proposed diagram (see attachments).

Suzanne Parker request removal of a handicap parking space in front of 25 Almont Ave.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager report to City Council whether or not a change of use, for the purpose of a short term accessory rental at a residential or mix use properties, could result in making this rental space applicable to taxes that are imposed on businesses.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager report how rentals to a non-family members whose stay is longer than thirty days in residential homes are regulated.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager report how ADA compliances are or are not applied to short term accessory rentals in residential homes and does this application conform to fair housing laws.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager include staff from WAASE at neighborhood meetings once every three months to address any concerns about sexual exploitation that may arise at said meetings.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide City Council with a brief presentation in the Spring of 2017 concerning the Worcester Youth Violence Prevention Initiative’s most recent violence prevention data.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Director of Traffic Engineering contact the WRTA and request they reconsider relocating the bus stop in front of 208 Pleasant St.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief provide traffic enforcement of No Parking restrictions on Sudbury St.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief provide speed enforcement on Granby Rd.

Request City Manager, through consultation with the Commissioner of Public Works and Parks, investigate and address past flooding issues in the backyards of the residents in the area of 33, 35 and 37 Mann St. Those residences appear susceptible to flooding damage caused by torrential rains in the Beaver Brook. (Rosen)

Request City Manager utilize the brainpower, creativity, organizational and problem-solving skills of service-minded students and professors at our local colleges to design projects leading to practical and cost-effective solutions to city problems. Among others, such projects might be in the areas of traffic and parking, trash and recycling collection, illegal dumping, amenities in our parks, cleaning up our bodies of water, improving mass transportation, combating drug use and addiction, and implementing the housing first model for homelessness. (Rosen)

Request City Manager work with the Superintendent of Public Schools and the State Delegation to report to City Council concerning the effects of Governor Charlie Baker’s 9C cuts on City of Worcester initiatives and funding for programs in Worcester. (Petty)

Request City Manager request Commissioner of Public Works and Parks, as an emergency action, install school zone signs and markings at 248 Mountain St. East. (Petty)

Request City Manager negotiate a deal with Charter Communications that will give their interested Worcester television service subscribers the opportunity to make a one-time purchase of their cable boxes, instead of paying the $7 monthly rental fee for each box. (Rosen)

Request City Council review its office space amenities. (Lukes, Toomey, Bergman, Mero-Carlson, King, Gaffney)

In light of the all the activity and development in downtown Worcester, accompanied by the opening of a significant number of residential and hotel units, request City Manager report to City Council concerning the current state of the retail business in that area and what the prospects are for expanded retail in the future. (Rosen)

Request City Auditor report to City Council concerning the recent changes to the GASB (Governmental Accounting Standards Board) requirements, which must be filed by state and city governments regarding compliance with finance related contracts such as TIFs, the nature and magnitude of the reduction in tax revenues as a result of those agreements and whether the current year revenues were sufficient to pay for city services as a result of the reduction in tax revenues. (Lukes)

Request City Manager provide a list compiled of all known living veterans of World War II residing in Worcester and further, request the Mayor establish an appropriate date in the near future to Honor them with a key to the City and/or other appropriate recognition. (Bergman, Petty, Gaffney, Rosen, Russell, Mero-Carlson, King)

Transmitting an informational communication regarding the city's stock market investments.

Mayor Joseph M. Petty transmitting the enclosed Draft City Council Meeting Schedule for calendar 2017.

Edward M. Augustus, Jr., City Manager, recommending that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account #14S47637, South Worcester Neighborhood Center and be appropriated to Account #14S10937, YWCA, to provide sufficient funding for anticipated projects costs for the replacement of a roof at a confidential shelter owned and operated by the YWCA of Central Massachusetts.

Edward M. Augustus, Jr., City Manager, transmitting informational communication in regards to the tax classification process.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Petition of Katherine Fratus request signs be installed in the Beaconsfield Rd. neighborhood that states owners must pick up after their dog or there will be a fine: recommend Petition be referred to the Department of Public Works and Parks.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Petition of Terry Burke Dotson request City Council find solutions to four problems with handicap access and traffic flow at the DCU Center: recommend Petition be referred to Traffic and Parking Committee.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to an update on progress made since the summer dialogues on race: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication on a quarterly update relative to the City of Worcester’s plan to implement improved strategies and policies that better serve and represent our diverse community: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication regarding the work of the Chief Diversity Officer: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to an update on Worcester Alliance Against Sexual Exploitation (WAASE): recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to sexually transmitted infections among adolescents and teen pregnancy: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to a report on the Worcester Youth Violence Prevention Initiative (WYVPI): recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the 2016 fall activities of the Department of Public Health: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Petition of Jo Hart request City Council request the City Manager request the Commissioner of Public Health release a new public list of all effective detox centers, local/regional/state, for alcohol and for drugs, along with detailed services recommended for each addiction, including location, duration and cost of treatment: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Candy Mero-Carlson request installation of Crosswalk Advisory signs before both sides of the existing crosswalk in vicinity of 59 East Central St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Hector Diaz request installation of a handicap parking space in front of 68 Everard St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Becky Coto request installation of a handicap parking space in front of 54 South Circuit Ave., in front of the building door: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Becky Coto request removal of a handicap parking space from the 134 Tacoma St. parking lot: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Florence Bonardi request removal of handicap parking space in front of 2 Cheever St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor George J. Russell on behalf of Kerrie Schofield request installation of No Parking signage in the area of the fire hydrant at 27 Balis Ave.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Todd Rodman, Esq. on behalf of Liberty Walnut Street, LLC request the two (2) existing "No Parking Anytime" signs on the portion of Sudbury St. between Harvard St. and Eden St. be changed to "No Standing" signs and add two (2) additional "No Standing" signs, all as indicated on the attached plan: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Udeth Rosario request installation of a bus stop at the corner of Hammond St. and Tainter St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Michael C. Germain on behalf of Anna Leseman request the installation of four-way Stop Signs at the intersection of Acton Street and Vale Street.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Candy Mero-Carlson request installation of "Go Slow" children advisory signs in Granby Rd.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Candy Mero-Carlson request installation of “Thickly Settled” signage in Granby Rd.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Felix Burgos request "No Parking" signs on the corner of 9 Winslow St. and Larch St. during winter months: recommend Petition be placed on file.

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)

COMMUNICATION of the City Manager transmitting informational communication relative to the Brittan Square Parking Lot. (Tabled - Palmieri January 7, 2015 and January 13, 2015)

ORDER of Councilor Morris A. Bergman - Request City Manager provide information from the City Solicitor as to what steps are available to enforce breaches of the Services Agreement with Laz Parking Limited, LLC in regards to City owned parking garages, specifically the Federal Plaza Parking Garage. (Tabled - Petty January 7, 2015, Tabled Under Privilege - Bergman January 13, 2015 and Tabled - Bergman January 20, 2015)

ORDER of Councilor Morris A. Bergman, Councilor Tony Economou and Councilor George J. Russell - Request City Manager provide information from the City Assessor, Chief Financial Officer and City Solicitor as to the assessed real property values of all City owned parking garages, the amount of debt, if any, the anticipated repairs and/or capital improvements costs for fiscal year(s) 2015/2016 and the existing lease commitments/terms for spaces in these garages. (Tabled - Petty January 7, 2015, Tabled Under Privilege - Bergman January 13, 2015 and Tabled - Bergman January 20, 2015)

REPORT OF THE COMMITTEE ON FINANCE Upon the Order of Councilor Michael T. Gaffney request City Manager consider amending the Five Point Financial Plan to require that any increases in local aid received from the Commonwealth be assigned to the Other Post Employment Benefit Trust Fund: recommend Order be placed on file. (Tabled - Gaffney June 16, 2015)

ORDER of Councilor Gary Rosen and Councilor Philip P. Palmieri - Request City Manager inform City Council as to whether he and other representatives from the city intend to meet with the owners of the Pawtucket Red Sox to see if they have any interest in relocating to Worcester. (Tabled - Gaffney September 29, 2015)

COMMUNICATION of the City Manager transmitting informational communication on a quarterly update relative to the City of Worcester’s plan to implement improved strategies and policies that better serve and represent our diverse community. (Tabled Under Privilege - Lukes January 26, 2016 and Tabled - Petty February 2, 2016)

PETITION of Denise Healey request removal of granite borders placed by the City onto private properties on Plantation St., and placed instead in a City park. (Tabled - Mero-Carlson February 9, 2016)

PETITION of Denise Healey request removal of large planters clumped together on Plantation St. (Tabled - Mero-Carlson February 9, 2016)

PETITION of Denise Healey request the targeted second "makeover" of Shrewsbury St. be placed on hold until other city streets have had their first "makeover". (Tabled - Mero-Carlson February 9, 2016)

COMMUNICATION of the City Manager transmitting informational communication relative to a list of the non-profit agencies who keep their properties on the tax rolls. (Tabled - Gaffney May 24, 2016)

COMMUNICATION of the City Manager transmitting informational communication relative to a report listing properties that have been converted from commercial or industrial to residential. (Tabled - Gaffney May 24, 2016)

COMMUNICATION of the City Manager transmitting communication responding to City Council inquiry requesting City Manager submit an estimated assessor's recap comparing the proposed FY 17 tax levy with the current real estate assessments and the FY 16 assessed values. (Tabled Under Privilege - Lukes June 14, 2016 and June 21, 2016 and Tabled - Lukes July 19, 2016)

COMMUNICATION of the City Manager transmitting informational communication relative to legislation to regulate and restrict non-profit organizations in residentially zoned districts. (Tabled Under Privilege - Bergman September 20, 2016 and September 27, 2016 and Tabled - Bergman October 4, 2016)

ORDER of Councilor Tony Economou – That the tax rate for Fiscal Year 2017 be set at $19.63 for Residential Property and $32.00 for Commercial, Industrial and Personal Property. – Item #16a Held for the Recessed Tax Classification Hearing on December 20, 2016

ORDER of Councilor Candy Mero-Carlson – That the tax rate for Fiscal Year 2017 be set at $19.25 for Residential Property and $32.99 for Commercial, Industrial and Personal Property. – Item #16b Held for the Recessed Tax Classification Hearing on December 20, 2016

ORDER of Councilor Michael T. Gaffney – That City Council leave the current tax rates as they are and substitute the remaining tax levy increase by increasing local receipt estimates contained in the FY 2017 Budget by $2,462,496.00 and decreasing the property taxes levied by $2,462,496.00.” – Item #16c Held for the Recessed Tax Classification Hearing on December 20, 2016

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a tax rate table summarizing the possible tax rate options based on a tax levy of approximately $280,000,000.00. – Item #16d Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with a report concerning the cost for increasing the number of exemptions given to elderly residents.” – Item #16e Order adopted

ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with a report concerning the pros and cons if the tax classification rate is based on a tax levy of approximately $280,000,000.00. – Item #16f Order adopted

ORDER of Councilor George J. Russell – Request City Manager provide City Council with the in depth report concerning the average and median increases for apartment buildings as well as the other different categories that are not single or two family residential homes.” – Item #16g Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with a report regarding the list of projects currently being implemented to remediate flooding on Franklin St. in the vicinity of Jack Barry Field. – Item #16h Order adopted

ORDER of Mayor Joseph M. Petty – That City Council does hereby approve the implementation of early voting for local municipal elections. Further, the City Manager is hereby requested to work with the City’s state delegation to change the language in M.G.L. Chapter 54, section 25B and explore steps necessary to implement early voting in local elections. – Item #16i Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager add a column to the Quarterly Economic Development Update that identifies which economic development projects have TIFs, including in said column the status of their compliance with the TIF requirements. Further, request City Manager include in said reports how much the lost revenue is costing the City. – Item #16j Order adopted

ORDER of Mayor Joseph M. Petty – Request City Manager consider reporting to City Council concerning any information regarding the availability of NBC in the vicinity of Worcester. – Item #16k Order adopted

ORDER of Councilor Tony Economou – Request City Manager determine who is responsible for shoveling the sidewalk in West Boylston St. from 541 West Boylston St., Art’s Diner, to New Bond St., and if the City is responsible, request the Commissioner of Public Works and Parks get staff there to shovel out sidewalks and bus stops in that area. – Item #16l Order adopted

SUPPLEMENTAL ITEM: COMMUNICATION of the City Manager recommending adoption of the following transfers and appropriations, which recognize necessary budgetary adjustments to finalize the FY17 budget and to submit a tax recap to the Department of Revenue.

PETITION – Councilor Tony Economou request removal of the tree located in the vicinity of 28 Terrace Dr.

PETITION – Councilor Tony Economou on behalf of the residents of Great Brook Valley request the bench at the bus stop in the vicinity of the health clinic be reinstalled, as soon as possible.