CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 6, 2017

Esther Howland Chamber

Convened: 7:10 P.M.

Recessed to Finance Committee: 7:41 P.M. Reconvened from Finance Committee: 9:31 P.M. Adjourned: 9:43 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

Acting City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

MOMENT OF SILENCE in memory of military members who lost their life on June 6, 1944 during the Normandy Landing of WWII, as well as for Anteo Biancheria, father of School Committee Member Diana Biancheria, who passed away June 4, 2017 at the age of 89.

Mayor Petty read a Proclamation declaring June 2017 as Men’s Health Month in the City of Worcester. The Proclamation was presented to Jena Adams.

Mayor Petty read a Proclamation declaring June 2017 as Worcester: Impact on Sexual Health (WISH) Awareness Month in the City of Worcester. The Proclamation was presented to Dara Adams.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of May 23, 2017.

Mayor Petty recognized the following speakers:
1. Ed Pietrewicz, Worcester resident
2. Idella Hazard, Worcester resident
3. Jo Hart, Worcester resident

Hearing: NATIONAL GRID for conduit location on: CHANDLER ST./BELLEVUE ST. Granting permission to NATIONAL GRID for conduit location on: CHANDLER ST./BELLEVUE ST.

Arber Isaak request removal of two trees recently planted on the sidewalk in front of 1105 Pleasant St., while restoring the sidewalk to its original condition.

Donald O'Neil, Esq. on behalf of Plaka Realty, LLC request to amend the Zoning Map by extending the BL-1.0 zone in the vicinity of 57 Highland St. to include two additional parcels of land in their entirety located 35 and 33 Wachusett St.

Bernadette Chabot request sidewalk repair for the entire length of the odd side of Richland St.

Christiano Parente request sidewalk repair in Barnes Ave.

Christiano Parente request street resurfacing in Barnes Ave.

Eric Cruze request installation of a crosswalk in Pleasant St. at West St.

Eric Cruze request installation of a crosswalk in Pleasant St. at Crown St.

Eugene Mariani request installation of solar panel flashing lights at the three crosswalks in front of 104-110 Grove St.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Inbound on Providence St - East side on Light Pole #30 at a point just north of entrance to Curran Terrace Apartments.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Inbound on Providence St. - East side on Light Pole #26, at a point 50' south of crosswalk to Shine Pool.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Outbound on Providence St. - West side at a point 25' north of Ames St.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Outbound on Providence St. - West side at a point 60' south of crosswalk to Shine Pool.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Inbound on Winthrop St. - South side on Light Pole #7, at a point 50' west of Granite St.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop on Heywood St. - South side on Light Pole #20, at a point 10' west of Jones St.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Inbound on Heywood St. - South side at a point 55' east of Houghton St.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Inbound on Heywood St. - South side at a point 10' west of Samoset Rd.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Outbound on Heywood St. - North side on Light Pole opposite Samoset Rd.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Outbound on Heywood St. - North side on Light Pole #9, at a point 250 ' east of Houghton St.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Outbound on Heywood St. - North side on Light Pole #1, at a point 75' east of Jones St.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Outbound on Heywood St. - North side on Light Pole #24, at a point 114' east of crosswalk to W.A. Fields, opposite Granite St.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stops Outbound and Inbound on Park Ave. - East and West sides, at points 90' south of Russell St.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Inbound on Park Ave. - West side on Light Pole #112, at a point opposite corner of Russell St.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Outbound on Quinsigamond Ave. - West side on Light Pole #7, at a point opposite from Ashmont Ave.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Outbound on Edward St. - West side on Light Pole #2, at a point 15' south of crosswalk across from Earle St.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Outbound on Edward St. - West side across from Pole #5, at a point 40' south of Glen St.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Outbound on Laurel St. - North side on Pole #2-80, at a point 10' east of I-290 overpass.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request installation of bus stop Outbound on Laurel St. - North side at a point 40' west of crosswalk at center between two Everett Gaylord St. intersections.

Jonathan E. Church, Worcester Regional Transit Authority Administrator request relocation of Inbound and Outbound bus stops on Elm St. - North and South sides, on Light Pole #12, across from and in the vicinity of the Chancery Building at 49 Elm St.

Danh Tran request installation of a handicap parking space on the Stoneland St. side of 42 Freeland St.

BECKER COLLEGE for a conduit location for data and communication services at: ROXBURY ST.

William S. Coleman request City Council have City Administration and School Administration consider duplicating the announced college affordability program of Boston's Mayor Marty Walsh and Governor Charlie Baker.

William S. Coleman, III request City Council request City Administration consider holding a dog license amnesty grace program for an announced, two week period, which would grant owners of unlicensed dogs an opportunity to register their dogs for a one time $10 fee.

Malt Schlitzmann request June 10th be designated as "Pun Day," an official city holiday that would mark the occasion of the first known "Central Mass Pun Bash."

Donald O'Neil, Esq. on behalf of Summer St. Hotel, LLC request that whereas the City Council voted on June 7, 2016 to abandon, discontinue and remove from the Official Map the area of Washington Square, containing approximately 75 square feet of land, shown on the attached plan prepared by Bohler Engineering, dated 12/30/15, entitled, "Discontinue Exhibit: and whereas said area of Washington Square is no longer required for street purposes: 1) that the City of Worcester abandon its easement in said land for street purposes and 2) authorize the City Manager to execute any document necessary or incidental to this Petition, including a deed for the conveyance of the land shown on said plan in fee, to Summer St. Hotel LLC, the developer of the abutting Homewood Suites Hotel, upon such terms and conditions as the City Manager deems appropriate.

Transmitting informational communication relative to the appointment of Derek A. Evers as Constable for Civil and Criminal Business.

Transmitting informational communication relative to the reappointment of Oriola Koci to the Worcester Airport Commission.

Transmitting informational communication relative to the reappointment of Kevin Durkan and Robert Hennigan to the Off-Street Parking Board.

Recommend the reappointment of Paula Stuart to the Community Development Advisory Committee.

Transmitting informational communication relative to cultural events and activities for Summer 2017.

Transmitting informational communication relative to the Construction Progress Report for the Month ending April 30, 2017

Transmitting informational communication relative to the FY17 Worcester Senior Center Participant Survey Report.

Transmitting informational communication relative to the 2017 summer tours of City Hall for people with disabilities.

Transmitting informational communication relative to the estimated net operating income of the DCU Center.

Recommend that Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Account #91C711E, School Capital Rehab, to Account #50C704, School Capital Rehab. This transfer will fund projects such as the RTU replacements and E-Rate Project at various schools.

Recommend that Three Million Dollars And No Cents ($3,000,000.00) be transferred from Account #91C7111A, Building Rehabilitation City and Schools, and be appropriated to Account #04C754, Citywide/School Energy Improvements, to fund current and anticipated ESCo related expenses through the remainder of Fiscal Year 2017.

Recommend adoption of a resolution to file and accept a 2017 Sustainable Materials Recovery Program (SMRP) Grant in the amount of Two Hundred Thirty Thousand Dollars and No Cents ($230,000.00) from the Massachusetts Department of Environmental Protection.

Recommend adoption of a resolution to accept with gratitude a donation of one previously owned vehicle, with an estimated value of Two Thousand Five Hundred Dollars and No Cents ($2,500.00) from Father Madden of St. John’s Roman Catholic Church, for the Worcester Police Department's Neighborhood Response Team.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Two Thousand Two Hundred Fifty Dollars and No Cents ($2,250.00) from Digital Federal Credit Union to the Worcester Public Library Foundation for the Worcester Public Library's 2017 Summer Reading Program.

Recommend adoption of a resolution to accept a donation in the amount of Twenty Five Thousand Dollars And No Cents ($25,000.00) from Friends of Worcester's Senior Center, Inc. for the Worcester Senior Center.

Recommend adoption of a resolution to file, accept, and expend an application of up to Five Thousand Dollars And No Cents ($5,000.00) from the Massachusetts Department of Transitional Assistance for SNAP Program benefits for the City of Worcester's Elder Affairs Division.

Recommend adoption of a resolution to file, accept and expend a grant of up to Twenty Three Thousand Five Hundred Eighty Two Dollars and Forty Cents ($23,582.40) from Criminal Justice System Involvement under the Massachusetts Probation Service Pilot Grant program.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Four Thousand Two Hundred Dollars And No Cents ($4,200.00) as part of the FY17-18 Hazardous Materials Emergency Preparedness program from MEMA.

Recommend adoption of a resolution to file, accept and expend a grant in an amount up to Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) as part of the Municipal ADA Improvement Grant Program from the Mass Office on Disabilities.

Recommend adoption of a resolution to file, accept and expend a grant in an amount up to Seventy Seven Thousand Dollars And No Cents ($77,000.00) as part of their Local Consumer Program Grant from the Massachusetts Office of the Attorney General.

Recommend that Eight Thousand Six Hundred Eighty Three Dollars And Seventy Eight Cents ($8,683.78) be transferred from Account #29-33007, Damage Settlement Account, to Account #2602-92201, Worcester Fire Department Ordinary Maintenance.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Reserve Revenue Account #330-54, Reserve for Appropriation Greenwood Street Landfill, and be appropriated to DPW Account #41S607, Greenwood Street Landfill (City), to allow for the costs of the ongoing environmental monitoring at the landfill.

Respectfully recommend One Million Seventy Three Thousand Five Hundred Fifty Three Dollars and Eighty Two Cents ($1,073,553.82), be transferred from various General Fund, Enterprise/Special Revenue Accounts, and Capital Accounts to make initial adjustments to City Accounts to balance the Fiscal Year 2017 Budget. In addition, I also respectfully request that the City Manager, with the approval of the City Auditor, be authorized to make adjustments to City accounts to balance the Fiscal Year 2017 budget.

Transmitting informational communication relative to Discover Central Massachusetts

Transmitting informational communication in response to budget motions from the May 30, 2017 Finance Committee hearing.

Transmitting informational communication in response to a motion regarding a legal opinion as to whether or not the Health Insurance Trust Fund can be cut by City Council.

Transmitting informational communication relative to the Health Insurance Budget and Health Insurance Trust Fund.

Susan M. Ledoux, City Clerk, transmitting informational communication regarding the filling of one vacancy on the Library Board of Directors.

Robert V. Stearns, City Auditor, transmitting a communication concerning free cash and what impact cuts from it could have on the budget.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 38 Elliott Street

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking In Front Of 14 Clarendon Street

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 43 Wilson Street

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 52 Laurel Street

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 31 Grosvenor Street

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking In Front Of 11 Groton Place

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Install No Parking Anytime Adjacent To 41 Jackson Street On Beacon Street

Amending Section Of 42 Chapter 13 Of The Revised Ordinances Of 2008 To Amend Main Street Parking Meters Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Install 15 Minute Parking On Main Street Amending Section Of 42 Chapter 13 Of The Revised Ordinances Of 2008 To Rescind Main Street Parking Meters

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Amend Front Street Parking Meters

Amending Section 29 Of Chapter 13 Of The Revised Ordinances Of 2008 Providing For Stop Sign On Clay Street At Boyden Street

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to an update to the long term financial plan of the City: recommend adoption of the accompanying Order to update the City's long term financial integrity and school investment plan and passage of the accompanying proposed Ordinance establishing the Other Post -Employment Benefits Liability Trust Fund. (Tabled Under Privilege - Lukes May 23, 2017 and Tabled Under Privilege - Gaffney May 30, 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 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 and Tabled Under Privilege - Bergman April 25, 2017 and Tabled - Bergman May 2, 2017)

COMMUNICATION of the City Manager transmitting informational communication relative to a City Solicitor's report concerning the wording of the ordinance voted by the Town of Westborough on March 7, 2017, which banned any recreational marijuana stores, farms or other related businesses in that Town and what, if any, would be the impact of the ordinance on medical marijuana businesses, personal consumption and limited home grown plants and further what is the process for the city to implement a such a ban on commercial, non-medical marijuana business. (Tabled - Lukes May 9. 2017)

HEARING: NATIONAL GRID and VERIZON NEW ENGLAND, INC. for a joint or identical pole location at: ST. PAUL DRIVE; Granting permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC. for a joint or identical pole location at: ST. PAUL DRIVE (Tabled - Bergman May 23, 2017)

ORDER of Councilor Michael T. Gaffney - Request City Council, in Accordance with City Council Rule 52, to discharge from the Standing Committee on Public Safety the item referred to said committee on September 6, 2016 relative to a Communication of the City Manager transmitting communication regarding a draft ordinance relative to the smoking or consumption of marijuana or other drug in public, similar to the City Ordinance concerning drinking in public. (Tabled - Bergman May 23, 2017)

ORDER of Councilor Konstantina B. Lukes – Request City Manager request the Executive Director of the Worcester Regional Research Bureau provide City Council with a report concerning the demographics of who will be living in the City of Worcester in ten years, what kind of housing needs will be required and what kind of job needs are going to be required. Further, request City Manager request the Director of the Worcester Regional Research Bureau provide City Council with a report concerning why the City should move to a single tax rate. – Item #17a Order adopted

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report concerning the benefits and drawbacks for moving the City to a single tax rate, including in said report information concerning how demographics, housing needs and job requirements over the next ten years might have an effect on doing such a thing. – Item #17b Order adopted

Order of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning any changes or progress made in relation to dealing with non-compliant TIF recipients and what each recipient’s response has been. – Item #17c Order adopted

ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with a report concerning what other cities and towns do when their TIF recipients are not in compliance with their agreements. – Item #17d Order adopted

Motion Toomey @ #8g CC – Request City Manager request Superintendent of Public Schools create a contest where Worcester Public School students would come up with puns to celebrate Pun Day.

Motion Petty – Suspension of Rules – That City Council will hereby recess into Executive Session on June 13, 2017 at 6:30 P.M. to discuss pending litigation.

Motion Russell – Suspension of Rules – Request City Manager restore the Billings Square Memorial, which was damaged in a car accident, as soon as possible.