CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 7, 2017

Esther Howland Chamber

Convened: 7:02 P.M.

Recessed to Executive Session: 9:06 P.M. Reconvened to Open Session from Executive Session to Adjourn: 9:29 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

MOMENT OF SILENCE in memory of Worcester residents William L. Hawley Jr. and Peter Leasca. Mr. Hawley was a World War II, Korean War and Berlin Crisis veteran. Mr Leasca was a U.S.Navy veteran serving in World War II and was very active in the community.

Mayor Petty read a Proclamation declaring March 5th through March 11th, 2017 as National Consumer Protection Week. Mayor Petty read a State House Citation sponsored by Senator Michael Moore and Senator Harriet Chandler acknowledging R.S.V.P. Week, Frauds and Scams Against Senior Citizens and recognized James Regan, Rita Sullivan and Barbara Drapos.

Mayor Petty read a Proclamation declaring March 2017 as Worcester Brain Injury Awareness month. Mayor Petty recognized Nicole Godaire and Dana Harthorne.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of February 14, 2017.

Mayor Petty recognized the following speakers: 1. Sandy Ellis, Worcester resident 2. Lisa Goss, Princeton resident 3. Lyn Flagg, Shrewsbury resident 4. Robin Casey, Worcester resident 5. John Casey, Worcester resident 6. Ellen Smith, Worcester resident 7. Dante Campareto, Worcester resident 8. Idalla Hazzard, Worcester resident 9. Susan Sepra, Worcester resident 10. Richard Shea, Worcester resident 11. Jo Hart, Worcester resident

Tuyen Nguyen request to change the zoning from BL-1.0 to RL-7 for 110 Lovell St.

Mark DeMauro request to make public Garrison Ave, from Clark St. to Governors St.

Victor Rodriguez request installation of multiple street lights in Stevens Rd.

Victor Rodriguez request installation of multiple street lights in Fern St.

Victor Rodriguez request the entire length of Fern St. be repaved.

Victor Rodriguez request the entire length of Stevens Rd. be repaved.

Callie Clifford request sidewalk repair on the even-numbered side of May St., from Deerfield St. to Lovell St.

Chris Angoff request North Chiltern Hill Dr. be resurfaced.

Diane Marquezlim request Circuit Ave. South be resurfaced.

Victor Rodriguez request Fern St. be made a two-way street.

Victor Rodriguez request installation of stop sign in Stevens Rd. at Maywood St.

Louis Iacovone request installation of handicap parking space in front of 9 Indian Lake Parkway.

Cam Nguyen request installation of handicap parking space on the Maywood St. side of 2 Stevens Rd.

Councilor Tony Economou on behalf of the residents in the Saxon Rd. area request children advisory signage in Greenbriar Lane on Pole #2, in the interest of public safety.

Councilor Tony Economou on behalf of the residents in the Saxon Rd. area request children advisory signage in Saxon Rd. on Poles #1, 4, 7 & 9, in the interest of public safety.

Councilor Tony Economou on behalf of the residents in the Saxon Rd. area request children advisory signage in Vassar St. in the vicinity of #2 and #104 Vassar St., in the interest of public safety.

Councilor Tony Economou on behalf of the residents in the Saxon Rd. area request children advisory signage in Richmond Ave. in the vicinity of Flagg St. School, Amherst St. and Pleasant St., in the interest of public safety.

Councilor Tony Economou on behalf of the residents in the Saxon Rd. area request children advisory signage in Westbrook Rd. on Poles #1 and #10., in the interest of public safety.

Councilor Tony Economou on behalf of the residents in the Saxon Rd. area request children advisory signage in Westbrook Circle on Pole #2, in the interest of public safety.

Councilor Tony Economou on behalf of the residents in the Saxon Rd. area request Stop Sign be installed at the top of Westbrook Rd. and Chippewa Rd., in the interest of public safety.

William S. Coleman, III request City Council hold a town meeting with our state delegation to discuss events in the Summer 2017 for our city's youth.

William S. Coleman, III request City Council request City Administration give a preview of proposed Summer 2017 activities for our city's youth.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager provide City Council with a report showing what has resulted from the use of tax reductions to encourage Bio Manufacturing in Worcester.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager report to City Council what tools such as the sewer connection fee reduction have made an impact to attract businesses to Worcester.

Request City Manager provide City Council with a report concerning the current number of psychiatric beds that are available at area hospitals; what the impact may be on healthcare throughout the City if Umass Memorial Medical Center closes 13 psychiatric beds and include information concerning the impact on accessing timely healthcare for those with behavioral health conditions who are boarding in our hospital emergency rooms. Further, request City Manager include in said report what effect this will have on the city’s economically disadvantaged and homeless communities. (Rivera, Mero-Carlson, Russell, King, Petty, Toomey and Rosen)

Request City Manager provide a report to City Council within 30 days with an action plan as to how to control increased large truck traffic on City Streets from CSX terminal. (Russell, Mero-Carlson, Toomey, King, Rosen, Rivera, Bergman, Economou)

In an effort to combat the amount of litter generated from our open-bin recycling program, and on days in which very strong wind gusts are predicted, request City Manager consider the feasibility of arranging for the pickup of recyclables to be delayed by one day - as is done for snowstorms and during weeks of major holidays. (Rosen, Economou)

In an effort to combat the amount of litter generated from our open-bin recycling program, and as a follow-up to our recent and highly successful clear bag recycling pilot project, request City Manager consider the feasibility of collecting the residential recyclables every two weeks and then using the money saved by the city to provide clear recycle bags free to city residents. (Rosen, Economou)

Request City Manager consider and make a recommendation concerning a mandatory public display of the health inspection reports of eateries, restaurants and food trucks in accordance with the votes of the City Council on August 20, 2013 and October 21, 2014. (Lukes)

Request Manager provide City Council with a report concerning the last five plus years of investments in parks, playgrounds, school improvements, streets/sidewalk repair, and any other major neighborhood improvements. (Petty)

That City Council does hereby reaffirm the values of inclusion, respect and justice for all of its community members. (King)

Timothy McGourthy, Executive Director for the Worcester Regional Research Bureau, Inc. transmitting a communication regarding, "Other Post-Employment Benefits (OPEB): Holding Government Liable."

REPORT OF THE PLANNING BOARD Upon the Petition of James Healy, WCS 100 Century Drive, Inc. request to amend the City of Worcester Zoning Ordinance, Article 1, Section 2, Definitions, by amending the definition of "Hospital or Sanatorium".

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Hearing for Report of the Planning Board Upon the Petition of Gregory Lano, Managing Partner of Chandler 128 Associates, LLC request to extend the Commercial Corridors Overlay District (CCOD) to fully encompass the entire parcel at 128 Chandler St: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Petition of William S. Coleman, III request permission for community artists, residents, South East Asian Coalition and youth groups to create a cityscape mural on city walls on Walpole St.: recommend Petition be Referred to the City Manager.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Richard Kerver, CIO, on behalf of Worcester Energy Alliance, request to amend the Zoning Ordinance by amending Article IV, Section 13, Paragraph E.1.a relative to height requirements: recommend Petition and Report be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Gary Rosen and Councilor Candy Mero-Carlson - Request City Manager propose a plan of action to make the Worcester Common more welcoming, vibrant and safe, a true public market and destination for area residents, students and visitors, through the addition of a variety of food, service and retail product vendors. Further, request City Manager also consider this as a location for an international market: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Petition of William S. Coleman, III request City Council have City Administration hold a Small Business Town Hall Workshop with a listening session for small businesses to air concerns and seek help from City Administration: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Petition of William S. Coleman III request City Council request City Administration reach out to companies looking to establish manufacturing plants in Central Massachusetts to request they consider coming to Worcester: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board upon the Petition of Jonathan Finkelstein, Attorney on behalf of Yum! Brands, Inc. request the City Council to amend the Zoning Map from RG-5 to BG-3 for a portion of a parcel of property known as 8 West Oberlin St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board upon the Petition of Allyn Jones request the BL-1.0 zone be extended to include the paved parking area abutting 1097-1099 Pleasant St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board upon the Petition of Allyn Jones request One Tiverton Parkway be zoned all commercial: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Allyn Jones request 1 Tiverton Parkway be commercially zoned: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Petition of Stephen Paulhus request City Council, in conjunction with all appropriate agencies, departments and service providers, provide emergency, safe, clean and dignified housing to all currently homeless persons in Worcester for, at minimum, the duration of Worcester's cold season within seventeen (17) days from completion of a housing application. Further, request City Council, in conjunction with all appropriate agencies, departments and service providers ensure that all of Worcester's currently homeless persons be quickly and proactively contacted and/or approached as to exactly how and where to obtain, complete and submit the aforementioned housing applications: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Petition of Stephen Paulhus request City Council schedule and attend a meeting with Worcester's homeless community members who visit Saint John's Temple Street Soup Kitchen, where they would be accompanied by a qualified "note-taker" of each member's choosing to conduct a round table discussion on a three (3) minute basis with every seated member of Worcester's homeless community. Further, request each "note-taker" keep detailed notes summarizing each homeless person's individual needs, concerns and questions, with appropriate action and feedback coming back to the homeless community in a timely manner: recommend Petition be placed on file.

Amending Section 2 Article III Of The Worcester Zoning Ordinance Adopted April 2, 1991 Relative To A Zone Change In The Vicinity Of 80-100 Wall Street And 38 Norfolk Street.

COMMUNICATION of the City Manager request City Council recess into Executive Session to discuss the status of the lawsuit between the Town of Holden and the City of Worcester regarding sewer rates. (Tabled Under Privilege - Petty February 28, 2017)

ORDER of Councilor Tony Economou - Request City Manager request City Solicitor provide City Council with a legal opinion concerning amending Rule 27 of the Rules of City Council in a way that would give a higher precedence to the motion to place an item on file with the City Clerk. (Tabled Under Privilege - Lukes February 28, 2017)

ORDER of Councilor Konstantina B. Lukes - Request City Manager provide City Council with a report concerning the outstanding indebtedness of Union Station. (Tabled Under Privilege - Mero-Carlson February 28, 2017)

RESOLUTION of Councilor Konstantina B. Lukes - That the Worcester City Council does hereby support the initiation of negotiations by the WRA with MassPort regarding the feasibility of transferring Union Station as an intermodal transportation center to MassPort. The transfer concept is based upon the transfer of the Worcester Air Port to MassPort and is necessitated by similar transportation and financial concerns that resulted in the conveyance of Worcester Airport to MassPort. (Tabled Under Privilege - Petty February 28, 2017)

COMMUNICATION of the City Auditor transmitting the audited financial statements and management letter of the Worcester Redevelopment Authority (WRA) for the years ended June 30, 2016 and 2015. (Tabled Under Privilege - Petty February 28, 2017)

COMMUNICATION of the City Auditor transmitting the Semi-Annual financial statements of the Worcester Redevelopment Authority (WRA) for the six months ended December 31, 2016 and 2015. (Tabled Under Privilege - Petty February 28, 2017)

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 George J. Russell – Request City Manager mandate a reconfiguration of the CSX driveway that brings a jersey barrier all the way out Grafton St. forcing trucks to go down the hill. – Item 19a Order adopted

PETITION of Councilor George J. Russell request Pond St. be made a one way street. – Item #19b Referred to Traffic and Parking Committee

PETITION of Councilor George J. Russell Request Winter St. be made a one way street. – Item #19c Referred to Traffic and Parking Committee

PETITION of Councilor George J. Russell request installation of a weight restriction in Pond St. – Item #19d Referred to Traffic and Parking Committee

PETITION of Councilor George J. Russell request installation of a weight restriction in Winter St. – Item #19e Referred to Traffic and Parking Committee

ORDER of Councilor Kathleen M. Toomey – Request City Manager install signage indicating routes that are for truck traffic in the vicinity of CSX. – Item #19f Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager identify all commercial mapping system routes and general mapping systems, such as Mapquest, when establishing truck routes in the City. – Item #19g Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager make a recommendation to City Council concerning imposing 20 MPH speed limits in neighborhood streets in the vicinity of CSX. – Item #19h Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager implement a process requiring annual renewals and identification proving residence when residents register a home business as a means to deter bypassing home business zoning regulations. – Item #19i Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning what federal, state or local legislation established resettlement cities and what the legislative responsibility is for funding services as a result of being designated a resettlement city. Further, request City Manager include in said report what number of residents have been placed in Worcester as a result of the City being defined as a resettlement city over the last ten years. – Item #19j Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager consider providing City Council at its next meeting with the feasibility of increasing the elderly exemption, as it has not increased since it was first created. – Item #19k Order adopted

PETITION of Councilor Tony Economou on behalf of Dawn Jordan request removal of a tree at 28 Terrace Dr. – Item #19l Referred to the Department of Public Works and Parks

ORDER of Councilor Tony Economou – Request City Manager address the sound barrier along West Boylston Dr. at I-190, which may need to be removed, replaced, and/or repainted. – Item #19m Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager generate more publicity about the City’s crowdsourcing feature on its website asking for ways the City could use the Common. – Item #19n Order adopted

ORDER of Councilor Gary Rosen – Request City Manager request Commissioner of Public Works and Parks restripe the crosswalks at Holland St., Catalpa St. and Wentworth St. – Item #19o Order adopted

ORDER of Councilor Gary Rosen – Request City Manager provide City Council with a report concerning expanding the use of credit cards used for payment on the City’s website, including the payment of Dog Licenses, to include Visa and American Express. – Item #19p Order adopted

RESOLUTION @ #8a CC - That the City Council does hereby go on record to firmly stand in opposition of the closing of the 13 psychiatric beds at the UMass Memorial Medical Center. Further, request City Manager request UMass Memorial Medical Center to not proceed with their implementation of phasing out of the closing of the psychiatric beds. (Bergman, King)

Motion Petty @ #8e CC – Request City Manager report to City Council the best practices used by other municipalities for displaying health inspection reports and what are the pros and cons.

Motion Lukes @ #11a CC – Request City Manager request the City Solicitor provide a legal opinion regarding the use of Hospitals or Sanatoriums as it applies to Zoning and how the Dover Amendment impacts this definition.

Mayor Petty @ #15d CC - Request City Manager to provide the City Council with a report concerning other municipalities, who have golf courses that were leased to private entities to manage and any resulting ramifications.

RESOLUTION - That the City Council does hereby recognize Rodney Agyare-May, a Burncoat High School Senior, who won the New England indoor track and field championships and with a best in the nation time. (Toomey)

RESOLUTION - That the City Council does hereby recognize Adja Sackor, a Worcester Vocational Technical High School student, for winning the New England Long Jump Championship. (Toomey)

RESOLUTION - That the City Council does hereby recognize the Burncoat High School Dance Team for performing the First-Place hip-hop dance at the MSSAA State Dance Team Tournament and qualified for Nationals next year in Walt Disney World, Florida. (Toomey)

Motion Economou – Suspension of Rules – Request Commissioner of Public Works & Parks repair holes by doing a long patch on Brooks St. under the bridge where it intersects with West Boylston St.

Motion Russell – Suspension of Rules – Request Commissioner of Public Works & Parks repair the pot hole in front of 190 Grafton St.