CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 26, 2017

Esther Howland Chamber

Convened: 7:02 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

MOMENT OF SILENCE in memory of Joseph E. Deignan, who passed away on September 23, 2017 at the age of 86. Mr. Deignan was a Worcester Public Schools teacher, and also heavily involved in the community. Following the December 3, 1999 fire in Worcester, Mr. Deignan painted a picturing honoring the firefighters who lost their lives, which he used to help fundraise, eventually donating the painting to the City.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of September 5, 2017.

Mayor Petty recognized the following speakers:
1. Virginia Ryan, Worcester resident
2. Idella Hazard, Worcester resident

Hearing: NATIONAL GRID for a solely-owned pole location: IMPERIAL PLACE Granting permission to NATIONAL GRID for a solely-owned pole location: IMPERIAL PLACE

Hearing: NATIONAL GRID for a solely-owned pole location: ADAMS STREET Granting permission to NATIONAL GRID for a solely-owned pole location: ADAMS STREET

Councilor Sarai Rivera on behalf the neighbors request tree stump removal and cleanup of the area at the corner of Main St and Richards St.

Allyn Jones request One Tiverton Parkway be zoned all commercial (BL-1.0).

Allyn Jones request the BL-1.0 zone be extended to include the entire parcel at 1097 Pleasant St.

Donald J. O'Neill Attorney for Guri Dura and Marjeta Skenderi request to amend Article IV, Section 8 of the Zoning Ordinance to allow accessory apartments as an accessory use by a Special Permit in all residential districts to create more housing options for residents with minimal adverse effects on Worcester's neighborhoods by adopting the enclosed provisions.

Richard Burgos request abatement of street betterment assessment #25544 in the amount of $15,300.00 for Valley View Lane.

Nikolaos & Maria Tzikas request abatement of street betterment assessment #25563 in the amount of $13,500.00 for Aroostook St.

Salim Ibrahim request abatement of street betterment assessment #25524 in the amount of $28,000.00 for High Ridge Rd.

Paul and Susan Zendzian request abatement of street betterment assessment #25525 in the amount of $13,321.00 for High Ridge Rd.

Harilla & Donika Golloshi request abatement of street assessment #25528 in the amount of $15,208.50 for Monmouth Ave.

Ann Clark request abatement of street assessment #25523 in the amount of $17,500.00 for High Ridge Rd.

Laurie Lebel request removal of handicap parking space in front of 30 Kosta St.

Councilor Gary Rosen on behalf of Cynthia Corey request the city dig up, relevel and resurface a small section of road in front of 1381 Main St. due to a troublesome dip in the road in front of this residence.

Maria DeJesus request installation of a handicap parking space in front of 16 Ames St.

Dianne Sanderson request installation of flashing or stop lights at the corner of Newbury St. where it intersects Pleasant St and Fruit St.

Zubaid Bhatty request installation of a handicap parking space in front of 116 Harrison St.

Leo Marron et al request installation of Resident Permit Parking on Perrot St. due to Worcester State College parking.

Jo Hart requests both the City Manager and Council work together to set up a plan to be fair to all comers, old or new, to help backtrack a modern business plan to assist building owners who want and need to upgrade their physical property. You could call it a BID (Building in Distress), to sort of function as a TIF, to help property owners who suffered alone after 2008, but kept paying taxes and are now sold out or up for grabs to higher bidders in the name of the progress of money.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request Chamber of Commerce and the Worcester Regional Research Bureau work together to provide a report to City Council as to how properties have been impacted in the town of Auburn since implementing the process of moving to a single tax rate over the last eleven (11) years.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief provide traffic enforcement in the vicinity of Belmont St., Hooper St., Elizabeth St., Eastern Ave. and Rodney St.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Commissioner of Public Works and Parks repaint crosswalks in the vicinity of Quinsigamond Elementary School.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief provide traffic enforcement in the vicinity of Quinsigamond Elementary School.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request Standing Committee on Traffic and Parking consider installing “No Parking Anytime” signage on the north side of Sierra St. from 2 Sierra St. down to Brantwood Rd.

Request City Manager propose to the City Council steps that can be taken to resurface many more residential streets and sidewalks, many of which have remained on the petitioned and approved list awaiting funding for years. (Rosen)

Request City Manager request Police Chief provide traffic enforcement in the vicinity of the rotary on Lincoln St. (Mero-Carlson)

Request City Manager request Police Chief provide traffic enforcement in Benson Ave. (Mero-Carlson)

Request City Manager communicate with the School Superintendent regarding feasibility of consolidating city maintenance services and overlapping services. (Lukes)

Request City Manager consider filing a lawsuit against the manufacturing companies and wholesale distributors that produced/sold prescription opioids. (Petty)

Request City Manager review the city's response to the Amazon RFP. (Lukes)

Request City Manager send the Quality of Life Team to cleanup the overgrowth in the area of Stoneland Rd. and Main St. (Rivera)

Request City Manager work with the Superintendent of Worcester Public Schools to develop a long term plan for uses and maintenance regarding the empty school property lot on Claremont St. (Rivera)

#10e CC July 18, 2017 ORDER of Councilor Konstantina B. Lukes - Request City Manager and City Council reduce the FY18 taxes at the tax recap for 1) 20% of any certified free cash; 2) any amounts determined to be in excess in the Health Insurance Trust and; 3) any new growth in excess of what is currently budgeted.

Transmitting requested supplementary information regarding the excess in the health insurance trust and information regarding new growth in excess of what is currently budgeted.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of 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: recommend adoption of accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Mark L. Donahue, Esq. request discontinuance from that certain Sidewalk Easement Agreement dated April 11, 2007 recorded at the Worcester District Registry of Deeds in Book 41048, Page 8, relative to certain land currently owned by Front Street Associates, LLC at 100 Front St., that portion of the Sidewalk Easement shown on the plan entitled "Easement Modification Mercantile Center 100 Front Street prepared for Front Street Associates, Inc." prepared by Nitsch Engineering dated May 23, 2017, said Sidewalk Area Easement to be discontinued consisting of approximately 1,026 square feet: recommend adoption of accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera request installation of children advisory signage at the crossing area on the Southgate St. side of Canterbury St. School: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Kathleen M. Toomey and Councilor George J. Russell request installation of solar pedestrian flashing lights at the crosswalk and bus stop located at the Vernon Hill School Playground: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Marisol Deleon request removal of the handicap parking space in front of 117 Eastern Ave.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Susan Gauquier request to remove the handicap parking signs in front of 19 Willard Ave.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Deborah Santana on behalf of Marvin Colegrove request installation of a handicap parking space in front of 30 Houghton St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Fernando Morales request installation of a handicap parking space in front of 7 Rugby St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Felix Burgos et al request installation of a "No Parking Here to Corner" sign on Winslow St. at Larch St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Sally Alnashmi request installation of an inbound and outbound bus stop in Shrewsbury St., where it intersects with Lyon St. near Cristoforo Colombo Park: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Gareld Emerson request crosswalk stings be conducted on the streets located off Belmont St, including Hooper St., Elizabeth St., Eastern Ave. and Rodney St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Khrystian E. King on behalf of Joanne Simoncini, et al requesting installation of School Zone signage in Blackstone River Road in the vicinity of Quinsigamond Elementary School: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Candy Mero-Carlson request removal of the “No Parking Anytime” ban in Locust Ave. from Belmont St. to a point 530’ south of Belmont St. from 9:00 A.M. to 3:00 P.M., Monday to Friday: recommend Petitioner be given leave to withdraw

Amending Section 2 Article III Of The Worcester Zoning Ordinance Adopted April 2, 1991 relative to a Zone Change of a portion of the property located at 207 Greenwood St.

Amending Section 2 Article III Of The Worcester Zoning Ordinance Adopted April 2, 1991 relative to a Zone Change of a portion of the property located at 241 Greenwood St. also known As 1 Agrand St.

COMMUNICATION of the City Manager transmitting request for an updated projection of free cash for the General Fund. (Tabled Under Privilege - Lukes September 5, 2017 and September 19, 2017)

COMMUNICATION of the City Manger transmitting report on the status of Fiscal 2017 Budget - June 30, 2017. (Tabled Under Privilege - Lukes September 5, 2017 and September 19, 2017)

COMMUNICATION of the City Manager recommend adoption of two Salary Ordinance amendments to bring the Salary Ordinance into compliance with the associated approvals by City Council. (Tabled Under Privilege - Lukes September 5, 2017 and September 19, 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 & ORDER to grant 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)

COMMUNICATION of the City Manager transmitting informational communication relative to the legality of changes in this year’s tax classification from residential to commercial of several assisted living facilities. (Tabled Under Privilege - Bergman June 20, 2017 and Tabled June 27, 2017 - Bergman)

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning how much money is in each Overlay Reserve Account, sorted by year. – Item #20a CC Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Clerk provide City Council with a report concerning how much money a special election costs. – Item #20b CC Order adopted

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report concerning anything in the state laws for marijuana that prohibits the City from asking to designate the businesses approved to sell medical marijuana as a part of the fifteen proposed licenses for recreational marijuana. – Item #20c CC Order adopted

ORDER of Councilor George J. Russell – Request City Manager review the zoning restrictions for medical and recreational marijuana distribution areas, so as not to overwhelm certain areas of the City. – Item #20d CC Order adopted

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a general vision of expectations for the entities selling marijuana in the City. – Item #20e CC Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with a report addressing concerns with the odor of marijuana in public places. – Item #20f CC Order adopted

ORDER of Councilor Khyrstian E. King – Request City Manager consult with the City Solicitor to ensure all parties interests are represented prior to the creation of a task force to research anti-panhandling practices. – Item #20g CC Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager request City Solicitor provide City Council with a legal opinion as to whether the City has treated the issue of panhandling as more than a constitutional issue, and instead, as an economic issue and form of self-employment. Item #20h CC Order adopted

ORDER of Councilor George J. Russell – Request City Manager consider transferring $25,000 to fund the installation of all the previously approved street lights. – Item #20i CC Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Clerk prepare a letter of support to State Senator Michael Moore concerning his bill to review the Dover Amendment and the issues it creates. – Item #20j CC Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning what Quincy is doing in regards to ordinances and regulations dealing with the Dover Amendment. – Item #20k CC Order adopted

ORDER of Councilor Khyrstian E. King – Request City Manager provide City Council with the information concerning House Bill 1828 concerning sober houses. – Item #20l CC Order adopted

ORDER of Councilor Morris A. Bergman – Request City Clerk provide City Council with information concerning which candidates have applied for the Library Board in the past. – Item #20m CC Order adopted

ORDER of Councilor Tony Economou – Request City Manager request Commissioner of Public Works and Parks replace the street sign for Kalmar St. at the corner of Kalmar St. and Mellor Ave. – Item #20n CC Order adopted

ORDER of Councilor Sarai Rivera – Request City Manager request Police Chief provide police enforcement in the vicinity of Murray Ave. – Item #20o CC Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager request Police Chief provide traffic enforcement at the four-way stop sign intersection in Hadwen Rd. – Item #20p CC Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager request Commissioner of Public Works and Parks trim the shade tree in the vicinity of 34 Hadwen Rd., which is obstructing the view of a stop sign in that area. – Item #20q CC Order adopted

Motion Petty @ #11a CC – Request City Manager develop a comprehensive, multi-year plan to utilize the City’s excess revenue to provide tax relief, control of health insurance premiums for employees and retirees, fund resources for Worcester Public Schools and fund resources for City projects.

Motion Russell @ #11a CC – Request City Manager provide City Council with a report concerning how the City’s bond rating would be affected if the City’s current Free Cash plan were tweaked by adding a cap in the policy.

Motion Lukes @ #11a CC – Request City Manager provide City Council with a report concerning potential new growth in the third or fourth week in October 2017.

Motion Lukes @ #11a CC – Request City Manager work with the City Auditor to provide City Council with a breakdown of the dollars in the Health Insurance Trust Fund that could be allocated to the City that are above the amount the City budgeted in June 2017.

Motion Gaffney @ #11a CC – Request City Auditor provide City Council what other gateway cities policies are in regards to their Health Insurance Trust Funds.

Motion Bergman @ #11a CC – Request City Manager request City Solicitor work with the City Auditor to provide City Council with a report concerning the legal process for reducing the City’s Health Insurance Trust account so that the money can go back to the taxpayers.

Motion Lukes @ #11a CC – Request City Manager consider providing City Council with a multi-year budget. Further, if such a budget is not provided, request City Manager provide City Council with a report concerning why a multi-year budget was not feasible.

Motion Lukes @ #9a CC – Request City Manager provide City Council with a report as to the price difference between asphalt and concrete sidewalks, as well as information concerning which lasts longer. Further, request City Manager provide City Council with a report concerning if there are better ways to fund sidewalk repairs such as betterments or liens.

Motion Economou @ #9a CC – Request City Manager look into expanding the long patch program for street and sidewalk repairs and whether that would be more effective than repaving streets.

Motion Lukes @ #9f CC – Request City Manager reach out to State Legislators to ask for their support in Worcester’s individual RFP for Amazon’s next headquarters.

Motion Mero-Carlson – Suspension of Rules – Request City Manager look into issues with the water at Alvarado Ave., Locust Ave., and Anna St.

Motion Economou – Suspension of Rules – Request City Manager repair and/or turn on the streetlight in front of 23 Germain St.

Motion Toomey – Suspension of Rules – Request City Manager investigate running water at a property located on the corner of Northampton St. and Westminster St.