CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 12, 2018

Esther Howland Chamber

Convened: 6:59 P.M.

Adjourned: 10:08 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Mayor Petty read a Proclamation declaring June 15, 2018 as World Refugee Day in the City of Worcester. The Proclamation was presented to Lisa Brennan, the Services for New Americans Program Director at Ascentria Care Alliance.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of May 29, 2018.

Mayor Petty recognized the following speakers: 1. Fred Nathan, Worcester resident, spoke neither in favor of or in opposition to #7l- #7n CC 2. Jennifer Davis-Carey, Worcester resident, spoke in opposition to #17a CC 3. Richard Shea, Worcester resident, spoke in favor of #7l CC - #7n CC 4. Elaine Gardella, Worcester resident, spoke in favor of #7l CC - #7n CC 5. Randy Feldman, Worcester resident, spoke in favor of #7l CC - #7n CC 6. Elizabeth Elton, Worcester resident, spoke in favor of #7l CC - #7n CC 7. Jeff Hammelburger, West Boylston resident, spoke in favor of #7l - #7n CC 8. Sally Radondo-Padilla, Worcester resident, spoke in favor of #7l CC - #7n CC 9. Faith Sekonk, Worcester resident, spoke in favor of #7l CC - #7n CC 10. Kyle Moon, Worcester resident, spoke in favor of #17a CC 11. Susan Ceccacci, Holden resident, spoke in favor of #7l CC - #7n CC 12. Jo Hart, Worcester resident, spoke in favor of #7l CC - #7n CC 13. Brian Leonard, Worcester resident, spoke in favor of #7l CC - #7n CC 14. Susan Lozoraitis, Worcester resident, spoke in favor of #7l CC - #7n CC 15. Barbara Haller, Worcester resident, spoke in favor of #7l CC - #7n CC 16 Marianne Rocheleau-Demers, Spencer resident, spoke in favor of #7l- #7n CC 17. Doug Vogel, Paxton resident, spoke in favor of #7l CC - #7n CC 18. Eric Kazarski, Worcester resident, spoke in favor of #7l CC - #7n CC 19. Dale Wickenheiser, Worcester resident, spoke in favor of #7l CC - #7n CC 20. Mateo (no last name given), Worcester resident, spoke in favor of #7l - #7n CC 21. Jonathan Ostrow, Worcester resident, spoke in favor of #7l CC - #7n CC 22. Terri Kelly, Worcester resident, spoke in favor of #7l CC - #7n CC 23. Dennis Wilson, Worcester resident, spoke in favor of #7l CC - #7n CC 24. Chris (no last name given), Worcester resident, spoke in favor of #7l - #7n CC 25. Anne Fine, Worcester resident, spoke in favor of #7l CC - #7n CC 26. Mark Henderson, Holden resident, spoke in favor of #7l CC - #7n CC

ORDER of Mayor Joseph M. Petty, as Chair of the City Council Standing Committee on Finance and in accordance with Rule 33 (e) of the Rules of City Council, request City Council suspend its rules to take up the Report of the Committee on Finance Upon the Communication of the City Manager recommending adoption of the Fiscal Year 2019 Budget submission as identified in the line item budget and available to view at http://www.worcesterma.gov/finance/budget-central, as presented by the City Manager and referred to the Standing Committee on Finance as Item #10a CC on the City Council agenda for May 15, 2018, along with related budget items pending before the Committee.

Mark Donahue, Attorney for 288 Grove LLC request City abandon and discontinue it's use of a portion of that certain Sewer Easement located north of Brookfield St. and shown as Parcel E-2 on the attached plan located north of Brookfield St.

Mark Donahue, Attorney for 288 Grove LLC request City accept that certain relocated fifteen (15) foot wide sewer trunk easement located north of Brookfield St. and shown on attached plan as Parcel E-1.

Timothy McGrath of Ten Realty LLC request permission to install a proposed low pressure forced sewer line in Keach Ave, a private street. The proposed sewer extends in an easterly direction from the existing sewer in Steele St. to a point along the frontage of #13 Keach Ave.

Councilor Matthew E. Wally request to resurface Scenic Dr.

Matthew LeBlanc request resurface approximate 100 feet in front of 404 Lake Ave.

Councilor George J. Russell request to resurface Upsala St in the vicinity of #42.

Patricia Loconto request sidewalk repair in front of driveway & house at 7-9 Ivanhoe Rd.

Michelle Hicks et al request removal of the two (2) handicap parking spaces in front of 11 Caroline St.

Mohammed Abdullah request installation of handicap parking space in front of 87 Chino Ave.

H'Dung Nie request removal of resident permit parking in front of 8 & 10 Natick St.

LIGHTOWER FIBER NETWORKS LLC for conduit location at: COMMERCIAL ST & MARTIN LUTHER KING JR. BLVD.

Ted Conna request to address City Council regarding Save Notre Dame Alliance's reaction to the Mayor's statement on Thursday, June 7, 2018 regarding his decision not to support the city taking the lead to save Notre Dame des Canadiens.

Barbara Haller request City Council for a roll call vote to authorize the City Manager to negotiate transfer of ownership of Notre Dame des Canadiens from Hanover Insurance to the City of Worcester.

Barbara Haller request City Council for a roll call vote to authorized the City of Worcester to commit up to $15 million to repurpose Notre Dame des Canadiens as a multicultural center/performance & event space.

William Coleman request to recognize the efforts of City Council and the city administration to provide a safe summer this 2018 to our residents and youth.

William Coleman request the city administration give an update regarding the efforts to recognize the visit of President Barrack Obama at the June 11, 2014 graduation ceremony at Worcester Technical High School.

Odemaris Garcia request the Community Preservation Act be placed on the ballot.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report detailing the ratio of school social workers to students in Worcester Public Schools. (King)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning the current caseload of school social workers in Worcester Public Schools. (King)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a comprehensive report concerning the tracking of police resource responses and arrests in Worcester Public Schools. (King)

FROM THE COMMITTEE ON FINANCE - Request City Manager request Superintendent of Public Schools consider exploring options for appropriate clinical support to all students in Worcester Public Schools. (King)

FROM THE COMMITTEE ON FINANCE - Request City Manager consider adding an adjustment counselor or wraparound coordinator position to the budget for Claremont Academy. (Rivera)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report regarding what percentage of services provided by the Department of Public Health are for the surrounding towns, as well as how much it costs the city to provide those services. (Russell)

FROM THE COMMITTEE ON FINANCE - Request City Manager and City Auditor consider adding a staff person who could support and assist City Council with budget related matters. (Russell)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning the differential between a salaried police officer assigned to the Union Station Substation opposed to police officers paid with detail work. Further, request City Manager provide City Council with a report detailing the hours of operation at the Union Station Substation. (King)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report outlining how the City plans to ramp down overtime funds used by the Police Department as more recruits graduate from the Academy, including information as to when that may occur and what the fiscal impact might be. (King)

FROM THE COMMITTEE ON FINANCE - City Manager provide City Council with a report detailing the city’s contribution and the Federal Transit Authority’s contribution to the security at Union Station, verifying the City’s projected increase in payment from $40,000.00 to between $200,000.00 and $300,000.00, delineated into percentages. (King)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning the timing of when National Grid’s contract with the City will be realized so that a real number of money spent on Street Lights can be realized. (Russell)

FROM THE COMMITTEE ON EDUCATION - That the City Council of the City of Worcester does hereby go on record in support of Senate Bill 2506 and House Bill 2042, an act modernizing the foundation budget for the 21st century.

Request City Manager report on the ability of the City's water infrastructure to test, detect and determine if medications and drugs are in our drinking water, including but not limited to antipsychotic, antibiotic.etc drugs. (Lukes)

Request the City Manager through the City Solicitor report on the jurisdiction of the Board of Health, the legislative history of the Board of Health and the relationship of the City Council to the Board of Health. (Lukes)

Request City Manager request the Department of Public Works & Parks add a water source to be used for landscaping purposes at the Newton Square Rotary. (Wally, Rosen, Bergman)

Request City Manager consider planting trees on and along Pleasant Street (between Irving St. and Park Ave.) as part of the sidewalk pavement plan (Rivera)

Request City Manager report on the legality of adding to the capitol budget after a final vote by the City Council during budget session and how the additional fixed costs resulting from the additional borrowing are calculated and further in the event that a policy of self funding of the additional fixed costs resulted in a deficit because anticipated revenues did not meet expectations, how the added costs from the additional borrowing would be paid. (Lukes)

Transmitting an informational communication relative to a request for a response to a recent commentary titled, "Worcester Has a Pension Problem."

Transmitting informational communication relative to the "General Conservation Assessment [of the] Worcester City Clerk's Office Paper Collection," as received by Irwin Paper Conversation.

Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to the Public Hearing for the Intersection Improvements at Holden Street, Drummond Avenue and Shore Drive.

Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to the proposed Zoning Ordinance Amendment regarding Adult Use marijuana Establishments.

Edward M. Augustus, Jr., City Manager, transmitting response to question concerning the Union Station Precinct.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager Transmitting informational communication relative to the financial plan to support construction or rehabilitation of South and Doherty High Schools: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to DPW&P Streetlight Division Budget: recommend the Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting communication concerning budgeted New Positions - Fiscal 2019: recommend the Communication be placed on file.

That the sum of Six Hundred Sixty Thousand Dollars And No Cents ($660,000.00) be appropriated to Account #91C734A, Sewer Capital Equipment, to pay for costs associated with Sewer Capital Equipment, including the costs incidental and related thereto.

That the sum of Six Hundred Ninety Five Thousand Dollars And No Cents ($695,000.00) be appropriated to Account #91C731A, Water Capital Equipment, to pay for costs associated with Water Capital Equipment, including the costs incidental and related thereto.

That the sum of Five Hundred Thousand Dollars And No Cents ($500,000.00) be appropriated to Account #91C780E, Public Schools Equipment, to pay for costs associated with Public Schools Equipment, including the costs incidental and related thereto.

That the sum of Three Million Five Hundred Thousand Dollars And No Cents ($3,500,000.00) be appropriated to Account #91C711F, Building Rehabilitation Library, to pay for costs associated with Building Rehabilitation Library, including the costs incidental and related thereto.

That the sum of One Hundred Thousand Dollars And No Cents ($100,000.00) be appropriated to Account #91C735A, Sewer Building Rehabilitation, to pay for costs associated with Sewer Building Rehabilitation, including the costs incidental and related thereto.

That the sum of Six Million Two Hundred Thousand Dollars And No Cents ($6,200,000.00) be appropriated to Account #91C732, Water Building Rehabilitation, to pay for costs associated with Water Building Rehabilitation, including the costs incidental and related thereto.

That the sum of Three Million Six Hundred Thousand Dollars And No Cents ($3,600,000.00) be appropriated to Account #91C711E, Public Schools Rehabilitation, to pay for costs associated with Public Schools Rehabilitation, including the costs incidental and related thereto.

That the sum of Four Million Dollars And No Cents ($4,000,000.00) be appropriated to Account #91C7124, Urban Renewal, to pay for costs associated with Urban Renewal, including the costs incidental and related thereto.

That the sum of One Million Two Hundred Fifty Thousand Dollars And No Cents ($1,250,000.00) be appropriated to Account #91C724B, Traffic Signal Improvements, to pay for costs associated with Traffic Signal Improvements, including the costs incidental and related thereto.

That the sum of Nine Million Four Hundred Seventy Thousand Dollars And No Cents ($9,470,000.00) be appropriated to Account #91C7413A, Street and Sidewalk Construction, to pay for costs associated with Street and Sidewalk Construction, including the costs incidental and related thereto.

That the sum of Three Hundred Thousand Dollars And No Cents ($300,000.00) be appropriated to Account #91C741C, Private Street Conversion, to pay for costs associated with Private Street Conversion, including the costs incidental and related thereto.

That the sum of Seventeen Million Two Hundred Thousand Dollars And No Cents ($17,200,000.00) be appropriated to Account #91C745B, Sewer Construction, to pay for costs associated with Sewer Construction, including the costs incidental and related thereto.

That the sum of Thirteen Million Four Hundred Thousand Dollars And No Cents ($13,400,000.00) be appropriated to Account #91C7134, Water Mains, to pay for costs associated with Water Mains, including the costs incidental and related thereto.

That the sum of Three Hundred Thousand Dollars And No Cents ($300,000.00) be appropriated to Account #91C702, Water Land Acquisition, to pay for costs associated with Water Land Acquisition, including the costs incidental and related thereto.

That the sum Six Million Nine Hundred Fifty Thousand Dollars And No Cents ($6,950,000.00) be appropriated to Account #91C784, Park Improvements, to pay for costs associated with Park Improvements, including the costs incidental and related thereto.

That the sum of Three Million Two Hundred Eighty Thousand Two Hundred Ninety One Dollars And No Cents ($3,280,291.00) be appropriated to Account #91C7804, Citywide Capital Equipment, to pay for costs associated with Citywide Capital Equipment, including the costs incidental and related thereto.

That the sum of Three Million Three Hundred Thirty Six Thousand Two Hundred Fifty Dollars And No Cents ($3,336,250.00) be appropriated to Account #91C7114, Citywide Building Rehabilitation, to pay for costs associated with Citywide Building Rehabilitation, including the costs incidental and related thereto.

That the sum of Three Million Dollars And No Cents ($3,000,000.00) be appropriated to Account #91C744B, Off Street Parking Rehab, to pay for costs associated with Off Street Parking Rehab, including the costs incidental and related thereto.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Communication of the City Manager transmitting informational communication relative to the establishment of up to 15 regulated Marijuana Establishments, which may include cultivators, laboratories, product manufacturers, retail stores (off-site consumption only), and related establishments: recommend passage of the accompanying proposed ordinance. (Tabled Under Privilege - Mero-Carlson May 29, 2018 and June 5, 2018)

PETITION of Ted Conna request to address City Council regarding vision for downtown Worcester generally and for Notre Dame des Canadiens specifically, and regarding any news about efforts to save Notre Dame from demolition. (Tabled Under Privilege - Petty June 5, 2018)

COMMUNICATION of the City Manager transmitting informational communication relative to an update concerning the new Union Station Precinct. (Tabled Under Privilege - King June 5, 2018)

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 and Tabled - Rosen December 19, 2017)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Bruce LaBoffa request zone change for the property at 452 Southwest Cutoff from Residential to ML-0.5.: recommend passage of the accompanying proposed Ordinance. (Tabled - Mero-Carlson April 3, 2018)

COMMUNICATION of the City Manager transmitting informational communication relative to an update of a previous report concerning what the impact would be if 4 to 8 unit properties and 9 or above unit properties were moved to a commercial tax rate using the current valuations and the rational the state used to classify income properties and how many buildings have 9 or above units in the city. (Tabled Under Privilege - Bergman May 8, 2018 and May 15, 2018 and Tabled - Petty May 29, 2018)

ORDER of Councilor Morris A. Bergman and Councilor Gary Rosen - Request the Worcester Board of Health consider put on hold implementation of its April 23, 2018 vote restricting the sale of such products to adult-only establishments. While the Worcester City Council supports efforts to curb the use of flavored tobacco products by our youth, the Board of Health’s well intentioned previous action will do little to stop youth under the age of 21 from purchasing and/or using these products. Further, Request City Manager request the Commissioner of Public Health, the Board of Health, and the New England Convenience Store & Energy Marketers Association, which represents 266 Worcester small business owners, meet to discuss alternative ways (such as prohibiting the open display of such products) to deter city youth under the age of 21 from purchasing and consuming these products. (Tabled Under Privilege - Rivera May 15, 2018 and Tabled Under Privilege - Bergman May 29, 2018 and Tabled - Rosen June 5, 2018)

ORDER of Councilor Khrystian E. King and Councilor George J. Russell – Request City Manager request Commissioner of Public Health and other appropriate staff meet with convenience store owners in the city and their representatives to find ways to limit the youth in the city’s exposure to tobacco products. Further, request City Manager, when meeting with convenience store owners, work with his Economic Development staff to determine any other ways the city can assist convenience store owners. – Item #13a CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Kathleen M. Toomey - Request City Manager request City Solicitor provide City Council with information on an ordinance that would prevent flavored tobacco products from being sold in retail marijuana shops. - Item #13b CC Order adopted

ORDER of Councilor Kathleen M. Toomey - Request City Manager request City Solicitor provide City Council with a report detailing if online retailers can be fined for selling flavored tobacco products to minors. - Item #13c CC Order adopted

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager Recommend adoption of the Year 44 FY19 CDBG, Emergency Solutions Grant, HOME Investment Partnership Program, and Housing Opportunities for Persons with AIDS Program Allocations, funded through the US Department of Housing and Urban Development: recommend adoption of the accompanying four (4) Resolutions.- Item #13d CC Accepted & Adopted four (4) Resolutions on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Konstantina B. Lukes - Request City Manager provide City Council with a report detailing the legal impact of using the word, “Precinct,” to describe the Union Station Substation, and how the administration intends the term to be understood in reference to Item #9.10A CM on the June 5, 2018 agenda. - Item #13e CC Order adopted

ORDER of Councilor Candy Mero-Carlson - Request City Manager provide City Council with a status update concerning 65 Kenwood Ave. - Item #13f CC Order adopted

Motion King @ #7m CC – Request City Manager provide City Council with the cost for mothballing Notre Dame des Canadiens over a ten year period.

Motion King @ #7m CC – Request City Manager provide City Council with a report clarifying whether a developer, who had expressed interest in purchasing Notre Dame des Canadiens, was denied entrance to the building.

Motion King @ #7m CC – Request City Manager continue dialogue with Hanover Insurance to see if Notre Dame des Canadiens can be saved.

Motion Toomey @ #7p CC – Request City Manager recognize visits of the many United States Presidents to Worcester on the city’s website.

Motion Petty @ #7q CC - Request City Manager provide a report as to how the Community Preservation Act (CPA) works and how many other of the Commonwealths cities (not towns) have adopted it. Further, request City Manager contact the Senate President's office to get an update regarding the proposed increase in registry fees to increase funding for the CPA.

Motion Petty @ #7q CC - Request City Manager request the City Assessor report how much the Community Preservation Act (CPA) will cost the average homeowner, three family, commercial and industrial properties.

Motion Petty @ #7q CC - Request the City Auditor estimate the amount of state funding the City would have received in state matching funds every year if they had adopted the Community Preservation Act (CPA) 2001.

Motion Petty @ #7q CC - Request City Manager provide a report on the number of parks that have Master plans and are currently not funded and include the amount needed to fund these plans. Further, request City Manager provide in the report the current amount of funding needed for repairs or needed work at the city’s parks and playgrounds.

Motion Russell @ #17a CC – That day care centers be excluded from the buffer zone in the ordinance for Adult Use Marijuana Establishments.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager Recommending adoption of the Fiscal Year 2019 Budget submission as identified in the line item budget and available to view at http://www.worcesterma.gov/finance/budget-central: recommend adopttion of the accompanying Order.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager Recommend Adoption of the Fiscal Year 2019 Capital Improvement Plan (CIP): recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication in response to budget motions from the Fiscal Year 2019 Finance Committee Hearings.: recommend Communication be placed on file.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager submit every April 1st to City Council a draft for consideration the Budget relative to Revenue for the next fiscal year. (Lukes)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager submit every April 1st to City Council a draft for consideration the Capital Budget for the next fiscal year. (Lukes)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager limit increases to the annual budget relative to appropriations to 2 1/2%. (Lukes)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager report the yearly costs for the horse unit. Further, request City Manager report the impact the horse unit has made to community relations with adults and children. (Lukes, Bergman)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report outlining how to ramp down the police budget overtime account as police recruits become available. (King)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Council submit an Action Plan or a list of priorities, every January 1st, to be considered by the City Manager before he begins preparation of the yearly budget. (Lukes)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report as to what would be the impact to the city departments if the motions from the Committee on Finance regarding early budget preparation by Council is implemented. (Toomey)

Motion Lukes @ #10d CC – Request City Manager have appropriate staff inspect for gas leaks prior to planting new trees.

PETITION – Councilor Candy Mero-Carlson install “No Trucks Allowed” in Lake Ave. North.

Motion Rivera – Suspension of Rules – Request City Manager with the Mayor contact the state to assist the 43 families who were evacuated from Puerto Rico find housing before they become homeless.

Motion Petty – Suspension of Rules – Request Police Chief provide enforcement at Newton Hill behind Doherty High School. (Petty)