CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 20, 2017

Esther Howland Chamber

Convened: 7:05 P.M.

Adjourned: 8:39 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 June 6, 2017.

Mayor Petty recognized the following speakers:
1. Sarah Shields, Northborough resident
2. Idella Hazard, Worcester resident
3. Mary Duane, Worcester resident
4. Jo Hart, Worcester resident

Hearing: NATIONAL GRID for a pole location at: BLACKSTONE RIVER RD. Granting permission to NATIONAL GRID for a pole location at: BLACKSTONE RIVER RD.

Mary Wood request WRTA bus shelter located in front of Dippin Donuts, 1001 Main St., be relocated or removed.

Marie Cancelli et al request Dorothy Ave. be repaved.

Edgardo Feliciano, Jr. request abatement of street betterment assessment #25511 in the amount of $7,000.00 for Bergin Lane.

Councilor Gary Rosen request sidewalk resurfacing 68, 72 and 74 Sylvan St.

Maribel Hernandez request installation of a handicap parking space in front of 5 Kingsbury St.

Susan M. Ledoux request "No Parking Anytime Monday - Saturday 7:00 A.M. to 3:00 P.M." be removed or amended to "No Parking Anytime Monday - Friday 9:00 A.M. to 3:00 P.M." on Randall St. and Emerson Rd.

Joan Smiley request installation of a handicap parking on the Newbury St. side of 100 Chatham St.

Anthony Barton request installation of a handicap parking space in front of 13 Vesper St.

William S. Coleman, III request City Manager provide an estimate of how many potential summer jobs for Worcester youths will be available the Summer of 2017.

William S. Coleman, III request City Council request City Administration along with Chamber of Commerce consider sending General Electric Company of Boston, MA a marketing package to consider Worcester for any expansion opportunities.

Recommend approval of an update to the City of Worcester Fiscal Year 2018/Program Year 43 Funding Recommendations for U.S. Housing and Urban Development (HUD) Entitlement Programs – Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), HOME Investment Partnership Program (HOME), and Housing Opportunities for Persons with AIDS (HOPWA)Refer to CCM Item 8.33C

Transmitting informational communication relative to Construction Progress Report for the month ending May 31, 2017.

Recommend adoption of an Order of Taking for 10 permanent and 21 temporary easements relative to the reconstruction of the Main Street Business District.

Transmitting informational communication relative to the Keep Worcester Clean (KWC) Activity Report for the month of April 2017.

Transmitting informational communication relative to the status of the removal of and fines assessed for advertisements for Powers Painting.

Transmitting informational communication relative to an update concerning the implementation of an infant mortality reduction initiative, including what has and has not worked and if there has been a reduction in infant mortality.

Transmitting informational communication relative to a report on the Worcester Division of Public Health FY17 activities.

Recommend adoption of an Order relative to the renewal of a lease of space at the Worcester Senior Center for Seniors Helping Seniors.

Recommend adoption of an order relative to the lease of space at the Worcester Senior Center for Dr. Ramesh Donepudi, C.D., LLC.

Transmitting informational communication relative to the Worcester Public Library's 2017 Summer Reading Program.

Transmitting informational communication relative to the November 9, 2016 election results to the Marijuana Legalization Initiative.

Recommend authorization to commence with a Municipal Electric Aggregation.

Transmitting informational communication relative to the DCU Special District Improvement Fund Note/Bond Issue, as required by Chapter 422 of the Acts of 2006, as amended by Chapter 416 of the Acts of 2014.

Transmitting informational communication relative to the recent Bond Anticipation Note (BAN) sale.

Transmitting informational communication relative to the legality of changes in this year’s tax classification from residential to commercial of several assisted living facilities.

Recommend that Three Hundred Seventy Five Thousand Dollars And No Cents ($375,000.00) be transferred from Loan Account # 91C711C, Parks Building Rehab, and be appropriated to Parks Account # 72C707, Green Hill Park to allow for current and anticipated contractually obligated payments associated with the roof replacement project in Green Hill Park.

Recommend that One Million Five Hundred Fifty Thousand Nine Hundred Eighty Three Dollars And Seventy Nine Cents ($1,550,983.79) be transferred from various Capital Accounts, be transferred to various Capital Accounts.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Eleven Thousand Two Hundred Fifty and No Cents ($11,250.00) of in-kind promotional advertisements for the annual Out to Lunch Summer Concert Series and Farmers Market from Charter TV3.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Twenty Five Thousand Dollars And No Cents ($25,000.00) from City to Saddle in support of the newly established Worcester Police Department Mounted Patrol Unit.

Recommend adoption of a resolution to accept with gratitude donations in the amount of Eighty Five Thousand Dollars And No Cents ($85,000.00) from Worcester Community Action Council, College of the Holy Cross, and Lamoureux Pagano, Fontaine Brothers in support of the City's Recreation Worcester program.

Recommend adoption of Orders to accept temporary Easement Deeds for public art purposes and an Order to accept a gift of murals from the Worcester Historical Museum.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Thousand Eight Hundred Five Dollars And No Cents ($1,805.00) from the Greater Worcester Community Foundation's Mini-Grant program to support WFD's purchase of safety equipment for the seniors at Enaya Circle.

Recommend adoption of a resolution to apply for, accept and expend a grant in an amount up to One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) from the Commonwealth of Massachusetts Executive Office of Housing and Economic Development 2017 MassWorks Infrastructure Program.

Recommend adoption of a resolution to apply for, accept and expend a grant in the amount up to Four Hundred Thousand and No Cents ($400,000.00) from the Commonwealth of Massachusetts for the PARC Grant Program to support work on the South Worcester Playground.

Recommend adoption of a resolution to apply for, accept and expend a grant in an amount up to Five Hundred Thousand Dollars and No Cents ($500,000.00) from the Commonwealth of Massachusetts Executive Office of Housing and Economic Development 2017 MassWorks Infrastructure Program.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Hundred Eighty Four Thousand Two Hundred Eighteen Dollars And No Cents ($184,218.00) from FEMA's Assistance to Firefighter - Fire Prevention & Safety program.

Recommend adoption of a resolution to accept with gratitude donations in the amount of Two Hundred Thirty Five Dollars And No Cents ($235.00) in support of the WFD.

Recommend adoption of a resolution to apply for, accept and expend grant funds from the Massachusetts Department of Transportation's Pre-Apprenticeship and Vocational School Training Programs grant. The anticipated funding request amount is Two Hundred Thousand Dollars ($200,000.00).

Recommend adoption of a resolution to accept and expend funds from the Massachusetts Manufacturing Extension Partnership (MassMEP). The total amount of funding is Four Thousand Eight Hundred Dollars And No Cents ($4,800.00).

Recommend adoption of a resolution to apply for, accept and expend grant funds from the FY18 grant funds from the Commonwealth of Massachusetts Executive Office of Labor and Workforce Development Department of Career Services (DCS). The total award amount for these 15 (fifteen) grants is Three Million Five Hundred Twenty Nine Thousand One Hundred Twenty Seven Dollars ($3,529,127.00).

Recommend adoption of a resolution to apply for, accept and expend grant funds from the Commonwealth's Department of Elementary and Secondary Education (DESE) FY18 Connecting Activities and FY18 Career Pathways grants. The total award amount for these 2 (two) grant opportunities is Three Hundred and One Thousand Seven Hundred and Fifteen Dollars ($301,715.00).

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Three Hundred Dollars and No Cents ($300.00) from the Worcester County Senior Athletic Association Donation for Logan Field.

Recommend adoption of a resolution to accept and expend a grant of up to Two Hundred Thousand Dollars And No Cents ($200,000.00) from the Commonwealth of Massachusetts Executive Office of Education, Department of Elementary and Secondary Education.

Recommend that Twelve Thousand Five Hundred Dollars And No Cents ($12,500.00) be transferred from various CDBG administrative accounts, and be appropriated to 14SSED42, CDBG Economic Development Salary & Fringe, to provide funding for staff salary and fringe expenses through the remainder of Fiscal Year 2017.

Recommend that Three Hundred Thirty Thousand Dollars And No Cents ($330,000.00) be transferred as described so as to provide sufficient funding for the Off-Street Program for Fiscal Year 2017.

Recommend that Three Million Nine Hundred Fifty Three Thousand Nine Hundred Twenty Three Dollars And No Cents ($3,953,923.00) be be accepted from the U.S. Department of Housing and Urban Development for the Year XLIII Community Development Block Grant program, and Fifty Thousand Dollars And No Cents ($50,000.00) in anticipated program income be appropriated, when and as received, as listed on the attached Order, to provide funding for projects and programs as described.Refer to CCM Item 8.4A

Recommend adoption of the following list of loan orders to be appropriated to the various accounts for the purpose of funding capital projects as prescribed in the FY18 Capital Improvement Plan.

Recommend adoption of the Fiscal Year 2018 Capital Improvement Plan (CIP).

Transmitting informational communication relative to the City Manager accomplishments.

REPORT OF THE PLANNING BOARD Upon the Communications of the City Manager recommend adoption of a Zoning Ordinance Amendment to add provisions relating to urban agriculture and recommend adoption of an revised ordinance amendment relative to honeybee keeping and farm stands.

REPORT OF THE PLANNING BOARD Upon the Petition of Dave Abramo request to convert 11 Nathaniel Ct. (aka 80 Southwest Cutoff) from an RL-7 Zone to an ML-0.5 Zone.

REPORT OF THE PLANNING BOARD Upon the Petition of Councilor Morris A. Bergman on behalf of Arthur Mooradian request Westfield St. Extension be made a public street.

REPORT OF THE PLANNING BOARD Upon the Petition of Ben Parker et al request Rydberg Terrace be converted from a private street to a public street.

Amending the Revised Ordinances of 2008 regarding Establishing the Other Post -Employment Benefits Liability Trust Fund.

ORDER of Councilor Konstantina B. Lukes - Request City Council consider a change to Rule Appendix D-Election of Public Library Board of Directors as follows: Rule D-2. Review of Applications - All applications and resumes shall be filed with the city clerk. The clerk shall forward all applications to the Citizens Advisory Council no later than 4 weeks prior to the scheduled vote of the city council. No applications or resumes shall be accepted after that date. After the Citizens Advisory Council has reviewed all applications and submitted its recommendations to the City Clerk, the clerk shall present to the City Council a list of all applicants for a position as Director of the Public Library prior to the Council meeting in accordance with other rules established herein. (Tabled Under Privilege - Lukes June 13, 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)

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 City Solicitor provide City Council with a report concerning what would be involved in amending the City Charter in a way that would eliminate the Citizen Advisory Council and have all appointments to boards and commissions screened by the City Manager’s office. – Item #18a Order adopted

ORDER of Councilor George J. Russell – Request City Manager include information concerning Senior Circuit Breakers on any electronic newsletters, that could accompany information concerning the tax bill and Worcester’s rules regarding recycling. – Item #18b Order adopted

ORDER of Mayor Joseph M. Petty – Request City Manager request Administrator of the WRTA provide City Council with a detailed report concerning all changes made in bus routes over the last several months, any anticipated changes, as well as the funding sources for said changes. – Item #18c Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager reach out to Wheelabrator to see how the City of Worcester trash bags impact their operations and whether biodegradable bags are a possibility for disposing of trash in Worcester. – Item #18d Order adopted

ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with a report concerning whether the City of Worcester trash bags are biodegradable. – Item #18e Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager request Police Chief provide City Council with a report concerning why Policing Sub-stations did not work in Worcester previously. – Item #18f Order adopted

ORDER of Councilor Michael T. Gaffney – Request City Manager consider the possibility of creating mobile police stations. – Item #18g Order adopted

ORDER of Councilor George J. Russell – Request City Manager work with the proper State department to stop illegal dumping on State land abutting I-290. – Item #18h Order adopted

ORDER of Mayor Joseph M. Petty – Request City Manager provide his self-evaluation for the June 20, 2017 City Council Agenda. The evaluation will take place on June 27th and the same framework that was set by the Municipal Operations Committee in 2016 will be used for his Annual Performance Evaluation of the City Manager. – Item #18i Order adopted

Motion Gaffney @ #8.14 CM – Request City Manager provide City Council with a biannual report relative to the number of fines assessed for placing advertising signage on public property.

Motion Toomey @ #8.23A CM – Request City Manager reach out to the State Delegation to consider the following in regard to the recreational marijuana legislation: 1) Provide Police authority to arrest for public consumption of marijuana in the same way that they can arrest for public consumption of alcohol; 2) Provide Police authority to search for civil violations and forfeiture; 3) Allow motor vehicle citations to be used for civil violations and; 4) Explicitly criminalize transfers to those under the age of twenty one (21) giving the police the same authority to arrest for public consumption of marijuana in the same way that they can arrest for public consumption of alcohol.

Motion Rosen @ #8.27A CM – Request City Manager provide City Council with an update concerning where the City stands in regards to the Smart Grid Smart Meter Pilot program, if there is an end date for said program, if the program is in other cities and towns, and whether the State Delegation has plans to act on the program in any way.

Motion Russell @ #8.27A CM – Request City Manager provide City Council with a report concerning staffing required in order to commence with a Municipal Electric Aggregation.

Motion Petty @ #8.27A CM – Request City Manager provide City Council with an update in the winter of 2017-2018 concerning commencing with a Municipal Electric Aggregation including its projected start date.

Motion Bergman @ #9a CC – Request City Manager request City Solicitor provide City Council with a report concerning what liability coverage is required for beekeeping.