CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 25, 2017

Esther Howland Chamber

Convened: 7:05 P.M.

Adjourned: 9:19 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Mayor Joseph M. Petty read a Proclamation declaring Monday, April 24, 2017 to be Armenian Martyr’s Day in the City of Worcester, on the occasion of the 102nd Anniversary of the Armenian Genocide. The Proclamation was presented to Reverend Father Aved Terzian of the Armenian Church of Our Saviour and Reverend SahagYemishian of Holy Trinity Armenian Apostolic Church.

Mayor Joseph M. Petty recognized a Community Connections Group from Belarus, who was in attendance for the meeting through the International Center of Worcester.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of March 28, 2017.

Mayor Petty recognized the following speakers:
1. Joyce Mandel, Worcester resident
2. Paul Dell’Aquila, Worcester resident
3. Deborah Packard, Worcester resident
4. Kylie Pacheco, Worcester resident
5. Sam Gentile, Worcester resident
6. Owen Lee, Worcester resident
7. Idella Hazard, Worcester resident
8. Jo Hart, Worcester resident
9. Mauro DePasquale, Worcester resident
10. Charles Chakazarian, Worcester resident

Ben Parker et al request sewer line be installed in Rydberg Terrace

Ben Parker et al request Rydberg Terrace be converted from a private street to a public street.

Dave Abramo request to convert 11 Nathaniel Ct. (aka 80 Southwest Cutoff) from an RL-7 Zone to an ML-0.5 Zone.

Councilor George J. Russell, Mayor Joseph M. Petty, Councilor Kathleen M. Toomey, Councilor Konstantina B. Lukes, Councilor Tony Economou, Councilor Candy Mero-Carlson, Councilor Gary Rosen and Councilor Morris A. Bergman request City Council rename a portion of Millbury St., from McKeon Road to the dead end (at or near the Railroad Property) to Paul Clancy Way.

Tony Bahnan request a handicap ramp be installed in front of 406 Chandler St.

Paul Novak, Manager Novak Family LLC request sidewalk repair on the Merrill Rd. side of 3 West Boylston Drive.

Councilor George J. Russell on behalf of Paul Meleski request Cargill Ave. be resurfaced.

Councilor George J. Russell on behalf of Paul Meleski request sidewalk repair on both sides of Ames St. from Vernon St. to Stockton St.

Councilor George J. Russell on behalf of Paul Meleski request sidewalk repair on both sides of Vernon St. from View St. to Syme St.

Councilor Sarai Rivera on behalf of Paul Meleski request Worth St. be resurfaced.

Councilor Sarai Rivera on behalf of Paul Meleski request sidewalk repair on both sides of Worth St.

Ana Barclay request sidewalk repair on the Armory St. side of 154 Grand St.

Ana Barclay request sidewalk repair in front of 154 Grand St.

Robert Broquist request parking be allowed on the even numbered side of Waverly St. from Coral St. to Penn Ave.

Michael Carroll request installation of resident permit parking in front of 237 Park Ave.

Councilor Gary Rosen on behalf of Sandy Meltzer request installation of a sign warning of two upcoming hidden driveways in front of 108 Richmond Ave.

George Elhoussan requests a commercial loading zone in front of George's Bakery at 318 Grafton Street.

Councilor Gary Rosen request installation of a crosswalk across May St. to the driveway entrance of Fairlawn Rehabilitation Hospital at 189 May St.

Councilor Sarai Rivera on behalf of Linda George request installation of resident permit parking in Piedmont St. from Austin St. to Pleasant St.

Councilor Gary Rosen request installation of a left turn arrow at the Chandler St./Mill St. intersection to allow an unimpeded turn from Chandler St. on to Mill St. to eliminate backup of the left lane of traffic traveling down Chandler St. toward Tatnuck Square.

Councilor George J. Russell on behalf of Laura Zukowski request large trucks be restricted from the use of Woodford St. to make room for parking, with installation of signage at the beginning of the street, in the interest of public safety.

William Belcher request City enforce all building, electrical, sanitation, air quality, code violations, fire prevention and rodent control for the Midtown Mall at 22 Front St.

William S. Coleman, III request City Administration consider the establishment of a 24 hour self-serve recycle and trash drop off location in a well lit location with cameras.

William S. Coleman, III request City Council and City Administration invite Dr. Robert E. Johnson, President of Becker College and Dr. Gail E. Carberry, President of Quinsigamond Community College to a City Council meeting where they are acknowledged for their outstanding efforts and and contributions to the enhancement of higher education in the City of Worcester.

Sam Gentile request the opportunity to speak before the City Council regarding the organization Working for Worcester.

Transmitting informational communication relative to the reappointments of Izaida Gonzalez and Robyn Kennedy to the Human Rights Commission.

Recommend appointment of Daniel B. Gately as Constable.

Recommend appointment of Walter Bird, Jr. to the Citizens Advisory Council.

Transmitting informational communication relative to the 2017 Arbor Day Celebration on Friday, April 28, 2017 from 10AM until 12:30PM at the Green Hill Park Pavilion.

Recommend adoption of a zoning ordinance amendment, correcting a scriveners error in the recent adoption of the zoning ordinance amendment extending the BG-3.0 zone to include the entire parcel located at 128 Chandler Street.

Recommend adoption of an order to transfer jurisdiction of 3 foreclosed tax title properties.

Recommend adoption of a resolution to file and accept a grant of up to Fifteen Thousand Dollars And No Cents ($15,000.00) from the Central Massachusetts Agency on Aging.

Recommend adoption of a resolution to file and accept a grant of up to Two Hundred Ninety Eight Thousand Dollars And No Cents ($298,000.00) from the Massachusetts Executive Office of Elder Affairs.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of One Hundred Fifteen Dollars And No Cents ($115.00) from Clark University for the Recreation Worcester Program.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Four Thousand Five Hundred Dollars and No Cents ($4,500.00) from the Worcester Public Library Foundation for the 2017 Summer Reading Program.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Twenty Thousand Dollars and No Cents ($20,000.00) from Quinsigamond Community College to Worcester Public Library Foundation for the Worcester Public Library's ongoing operation of the library book mobile "Lilly".

Recommend that Eighteen Thousand Dollars And No Cents ($18,000.00) be transferred from Account #280-91101 Inspectional Services Salaries, to Account #280-97201 Inspectional Services Overtime to ensure continuance of after-hour community and emergency operations through the end of the Fiscal Year.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Account #260-91000, Worcester Fire Department Salaries, to Account #260-92000, Worcester Fire Department Ordinary Maintenance.

Recommend that Eighteen Thousand Dollars And No Cents ($18,000.00) be transferred from Account #660-91000, Treasurers Office Regular Salaries, and be appropriated to Account #110-91000, Energy Asset Management Regular Salaries.

Recommend that One Hundred Seventy Five Thousand Dollars And No Cents ($175,000.00) be transferred from Account #662-94000, Debt Service, to Account #110-92000, Energy and Asset Management Ordinary Maintenance, for work associated to the ESCo installed HVAC equipment, controls, and steamtraps.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Account #250-91000, Police Personal Services, to Account #250-97000, Police Overtime, to fund projected overtime costs through June 30, 2017.

Recommend that Fifty One Thousand Three Hundred Forty Two Dollars And No Cents ($51,342.00) be transferred from Parks Regular Salaries Account #720-91000, and be appropriated to Parks Overtime Account #720-97201, to cover the anticipated overtime costs projected to be incurred through June 30, 2017.

Transmitting informational communication relative to National Volunteer Week.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager provide City Council with a report concerning what “gray water” is and how the City can best utilize it.

Request City Manager request Commissioner of Public Works and Parks make a concerted effort, especially by DPW workers, to remove from city trees and utility poles signs advertising the services of private businesses and that each offending business be told to cease from such activity in the future. (Rosen)

Request City Manager communicate with Charter Communications and request moving the local access channels back to their original channels 11, 12 and 13 and Charter TV back to channel 3. (Petty)

Request City Manager report to City Council concerning whether city colleges that have profit-making businesses (such as Dunkin Donut franchises) in any of their buildings, pay real estate taxes on that portion of the facility being used for non-educational purposes. (Rosen)

Request City Manager review and make appropriate recommendations regarding reforms in the procedures of processing and conducting hearings regarding traffic and parking petitions filed by citizens. (Lukes)

Request City Manager report to City Council concerning all litigation pending and resolved in the past two years including representation by outside counsel, and all direct and indirect costs. (Lukes)

Request City Manager provide City Council with an update regarding a previous request concerning an action plan as to how to control increased large truck traffic on City Streets from CSX terminal. (Mero-Carlson, Russell, Toomey)

Request City Manager install more and larger signs indicating “No Parking Reserved for Police Vehicles Monday to Friday 7:00 A.M. to 6:00 P.M.” in the proper zone on Thomas St. (Mero-Carlson)

Request City Manager update the Sidewalk Snow Removal Policies on the City's website to include information concerning the requirement for owners to shovel and treat an area at least four feet in width from the shoveled sidewalk to the crosswalk so as to provide access to the adjacent street or streets. (Rivera)

STREET BETTERMENT ASSESSMENT: BERGIN LANE

STREET BETTERMENT ASSESSMENT: MAYFIELD STREET

That the City Council does hereby recognize Jane Jacobs on her 100th birthday for all her contributions in urban design and further, supports and encourages everyone to participate in all the activities taking place in the city of Worcester. (Bergman)

#15e CC March 7, 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.

#15f CC March 7, 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.

Transmitting informational communication relative to a review of the City's updated Five Point Plan.

Transmitting the report on the status of Fiscal 2017 Budget for the nine months ended March 31, 2017.

Recommend adoption of a resolution to file, accept and expend a grant of up to Six Thousand Dollars and No Cents ($6,000.00) from the National Endowment for the Humanities (NEH) Division of Preservation and Access.

REPORT OF THE PLANNING BOARD Upon the Petition of Councilor Tony Economou on behalf of Ninonzka Garcia request the private portion of Welcome St. be made public.

REPORT OF THE PLANNING BOARD Upon the Petition of Mark DeMauro request to make public Garrison Ave., from Clark St. to Governors St.

REPORT OF THE PLANNING BOARD Upon the Petition of Mahmoud Soheili Arshadi request to make public Soheili Circle.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to FY 2018 water and sewer rate recommendation: recommend passage of the accompanying two (2) proposed Ordinances.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager recommending adoption of a right of way discontinuance at 730 Plantation St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting communication relative to Chandler Street - Worcester State University Area Traffic Study: recommend adoption of the accompanying Order to support the Department of Public Works and Parks’ traffic configuration plans for the Chandler Street and Worcester State University area.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to Marwood Road and Dorset Street flooding: recommend Communication be placed on file.

Amending Section 2 , Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to the extension of the Commercial Corridor Overlay Zoning District in the vicinity of 128 Chandler St.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 7 Clarence Street

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 22 Loring Street

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Amend One Hour Parking On West Boylston Street Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 352 West Boylston Street

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking In Front Of 87 Plantation Street

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Amend No Parking Anytime On Mill Street

ORDER of Councilor Morris A. Bergman and Councilor Candy Mero-Carlson - Request City Manager review the legality of changes in this year’s tax classification from residential to commercial of several assisted living facilities and, if correct, review the options for making these dramatically increased tax payments, without penalties. (Tabled Under Privilege - Mero-Carlson April 4, 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)

RESOLUTION of Councilor Konstantina B. Lukes - That the Worcester City Council does hereby support the initiation of negotiations by the WRA with MassPort or other entities 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 Airport 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- and Tabled - Lukes March 7, 2017)

ORDER of Councilor Gary Rosen - That the City Council does hereby strongly urge the Mayor, School Superintendent, School Committee and the Worcester Department of Public Health to follow EPA guidelines and direction in immediately authorizing and funding and the testing of the air and environment at both Doherty Memorial and Burncoat High Schools for dangerously high levels of toxic and carcinogenic polychlorinated biphenyls (PCBs) and to use the test results to determine an appropriate remediation process. (Tabled - Rosen March 21, 2017)

ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with a report concerning how other cities and towns are implementing urban agriculture regulations. – Item #21a Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning the future of the building used by the Worcester Police Department and whether it serves the City’s present needs. – Item #21b Order adopted

ORDER of Councilor Michael T. Gaffney and Councilor Konstantina B. Lukes – Request City Manager provide City Council with a yearly report concerning where the tax deferral interest rate is set. Further, request City Manager provide City Council with a report concerning the financial impact of dropping the tax deferral rate from 8% to 4%. – Item #21c Order adopted as amended

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with updates concerning the events at each quarterly consultation meeting for key stakeholders hosted by Clark University that looks at increasing dialogue for community planning regarding delivery of programs and services. – Item #21d Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager request Superintendent of Public Schools provide City Council with a report concerning extra services and estimated costs associated with refugee students being relocated to the city. – Item #21e Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager request Police Chief provide City Council with a traffic study regarding multiple accidents at the intersection of May St. and Lovell St. – Item #21f Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with a study of pedestrian and bike use and identify safe practices and ensure youth are informed about sharing the road. – Item #21g Order adopted

PETITION of Councilor Sarai Rivera on behalf of Lorraine Laurie request installation of children advisory signage in Vernon St. at Pattison St., in the interest of public safety for students at after school programs. – Item #21h Referred to Traffic and Parking Committee

ORDER of Councilor Sarai Rivera – Request City Manager request Commissioner of Public Works and Parks repaint the crosswalk in Vernon St. at Pattison St. – Item #21i Order adopted

PETITION of Councilor Sarai Rivera on behalf of Lorraine Laurie request installation of a crosswalk at the intersection of Vernon St. and Seymour St. – Item #21j Referred to Traffic and Parking Committee

PETITION of Councilor Tony Economou on behalf of Eugene and Penelope Kaczyk request sidewalk and driveway apron repair in front of 12 Greenbriar Ln. – Item #21k Referred to Public Works Committee

Motion Lukes @ #8.2A CM – That City Council does hereby not appoint members of the press to board and commissions.

Motion Toomey @ 10a CC – Request City Manager display in a prominent location all the rules and regulations concerning individuals using advertising signs in public places.

Motion Economou @ #10h CC – Request City Manager update the Sidewalk Snow Removal Policies on the City's website to include information concerning the requirement for owners to shovel and treat an area near a bus stop.

Motion Gaffney @ #13a CC – Request City Manager provide City Council with a report concerning future projections of the City’s budgets for the next three to five years.

Motion Petty @ #13b CC – Request City Manager provide City Council with a report concerning any possible chargebacks from the federal government if Union Station were to be leased out.

Motion Toomey @ #13b CC – Request City Manager look into whether or not state funding could be used to repair the road in Green Hill Park.

Motion Petty @ #13b CC – Request City Manager provide City Council with a report concerning why the entire road going through Green Hill Park is assessed to the Green Hill Golf Course even though it runs through the Vietnam Memorial, Zoo and other amenities at the park.

Motion Toomey @ #13b CC – Request City Manager request Superintendent of Public Schools provide City Council with a report regarding which colleges and universities the students of the Worcester Public Schools are matriculating.

PETITION – Councilor Kathleen M. Toomey request flashing pedestrian lights at the crosswalk at the corner of Nonquit St. and Lake Ave.

Motion Economou – Suspension of Rules – Request City Manager and Superintendent of Public Schools review consolidating various functions between the City and the School Department in an effort to implement cost savings.