CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 25, 2018

Esther Howland Chamber

Convened: 6:31 P.M.

Adjourned: 8:09 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 August 21, 2018.

Mayor Petty recognized the following speakers:
1. Stephen Gordon, Worcester resident, spoke in opposition to #14a CC
2. Liz Hamilton, no residence given, spoke in favor of #6a CC
3. Donna Oduro, Worcester resident, spoke in favor of #6a CC
4. Devon Gray, Worcester resident, spoke in favor of #6a CC
5. Martha Assefa, Worcester resident, spoke in favor of #10a CC and #16a CC
6. Pastor Andres Araque, Worcester resident, spoke in favor of #16a CC
7. Henry Hernandez, Worcester resident, spoke in favor of #16a CC
8. Idella Hazard, Worcester resident, spoke in favor of #16a CC
9. Kevin Cochello, Worcester resident, spoke in favor of #16a CC

Councilor Sarai Rivera on behalf of the youth of the Boys & Girls Club of Worcester request Kilby St. be renamed Boys & Girls Club Way.

Maria Camerano request the RL-7 zone be extended to include the house at 469 Granite St.

Patsy M. Fantasia Jr. et al request to make public Marlboro St. from Plantation St. east.

Councilor Sarai Rivera request sidewalk repair on the odd side of Marble St.

Lawrence Hammond request to extend sewer connection on Hamilton St. to service houses next to 496 Hamilton St.

Elvin Cartagena request installation of a handicap parking space in front of or in vicinity of 81 Bellevue St.

Francisco Galarza request the installation of a handicap parking space in front of or in vicinity of 3 Jones St.

Edward and Maureen Stefanini request the installation of a no parking sign at least 15 feet on both sides of the driveway at 330 May St.

Stephan and Pamela Williams request no parking signs on Institute Rd. at each corner of Westland St.

Diane Morrone request the installation of traffic calming devices on Greenfield St. and Allston Ave. to prevent speeding.

Councilor Sean M. Rose request installation of a left turn traffic light signal at the intersection of Mountain St. East and West Boylston St.

Andrew Noonan request the removal of three handicap parking spaces at 14 Ayrshire Rd.

CHARTER COMMUNICATIONS for a conduit location at: LOVELL ST./JUNE ST. and BROWNELL ST./BERKMANS ST.

CROWN CASTLE FIBER LLC for a conduit location at 100 RESEARCH DR. and PLANTATION ST.

EVERSOURCE for a gas main location at: SHOREHAM ST.

Jo Hart request City of Worcester work with the WRTA to show them how best to interact with the public by setting up a staffed public space at City Hall to post and distribute important current information like copies of lists of new schedule changes and dates of hearings about these changes, and how to inform the public of all bus re-routing due to street work or event closures and to move immediately to restore normal service by having public meetings for new management and a new administrator.

Transmitting informational communication relative to small business financial assistance.

Transmitting informational communication relative to orders adopted by the City Council concerning the Worcester Ballpark Letter of Intent.

Transmitting informational communication relative to the Construction Progress Report for the month ending July 31, 2018.

Recommend adoption of a resolution to accept with gratitude a donation of Four Hundred Dollars and No Cents ($400.00) from the Massachusetts Interscholastic Athletic Association (M.I.A.A.) to benefit the Department of Public Works and Parks Ralph Raymond Softball Diamond at Rockwood Field.

Recommend adoption of a resolution to accept with gratitude a donation of One Thousand Four Hundred Dollars and No Cents ($1,400.00) from the Massachusetts Interscholastic Athletic Association (M.I.A.A.) to benefit the Department of Public Works and Parks Lake Park (Tivnan Field).

Recommend adoption of a resolution to accept with gratitude a donation of a Memorial Bench, with an estimated value of Two Thousand Five Hundred Dollars ($2,500.00) from Deb Baker in memory of her mother, Frances (Fran) Seder Smith, to be installed at Elm Park, through the Department of Public Works and Parks; Parks, Recreation and Cemetery Division.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Fifteen Thousand Dollars And No Cents ($15,000.00) from The Nathaniel Wheeler Trust Grant Program.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Three Thousand Dollars and No Cents ($3,000.00) in the memory of Joshua Gold, from Jay and Joan Gold, to the Worcester Public Library.

Recommend adoption of an order to accept a public art easement from the owner of the building known as and located at 90 Thomas Street (aka 82 Thomas Street), as well as adoption of an order to accept a gift of a mural from Carl Burwick Realty Trust.

Recommend adoption of a resolution to apply for, accept and expend funds from the Massachusetts Executive Office of Housing and Economic Development under the FY19 Advanced Manufacturing Training Program Grant for up to Six Hundred Twenty Five Thousand Dollars and No Cents ($625,000.00).

Recommend adoption of a resolution to apply for, accept and expend funds from the UMass Medical School Center for Health Care Financing Supplemental Nutrition Assistance Program (SNAP). The total award amount for this funding opportunity is Seventy One Thousand Nine Hundred and Thirteen Dollars and No Cents ($71,913.00).

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Sixty One Thousand Fifty Three Dollars And No Cents ($61,053.00) from the Commonwealth of Massachusetts under the Community Compact Cabinet IT Grant program.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Sixty Thousand Dollars And No Cents ($60,000.00) from Commonwealth of Massachusetts under the Community Compact Cabinet Best Practice program.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Thousand Three Hundred Dollars And No Cents ($1,300.00) from US Lacrosse under the First Stick Program Grant for Recreation Worcester.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Two Thousand Five Hundred Dollars And No Cents ($2,500.00) from SparkFun Electronics under the Equipment Grant program to benefit Recreation Worcester.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Ten Thousand Dollars And No Cents ($10,000.00) from Jet Blue Foundation under the Community Grants program for Recreation Worcester.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager reach out to Discover Central Massachusetts to help market swimming programs done by the city.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager request Commissioner of Public Works and Parks indicate more clearly on Master Plans that the work to be done for the plan is subject to funding.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager request City Solicitor provide City Council with a report detailing the process for establishing a Elms Parks Conservancy, a non-profit partner of the Worcester Parks Department that would support park stewardship, restoration, conservation and fundraising.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager consider making a Master Plan for Boynton Park.

Request City Manager consider planting trees along Pleasant St. during the reconstruction of sidewalks on the road. (Rivera)

Request City Manager request the Department of Inspectional Services to provide a report on the status of the construction progress and building permit status at the gas station located at 1128 Pleasant Street, Thomas Energy Center. (Wally)

Request City Manager identify opportunities for public investment (crosswalks, sidewalks, trees, lighting, signage) on James Street to compliment the recent investments made from the private sector. (Wally)

Request City Manager provide a report on the names and city of residence for the members of the Board of Trustees of each College and University located in Worcester. (Wally)

Request City Manager provide City Council with a response from Eversource that will address the condition of the gas lines. including recommendations for improvements where needed, in the City of Worcester. (Petty, Rose)

Request City Manager request Eversource appear before City Council to present to the public and to the City Council what steps have been taken to ensure explosions similar to the Columbia Gas Company explosions do not occur in Worcester. (Toomey)

Request City Manager consider developing a Department of Public Works and Parks, “Rapid Response Team,” which would be responsible for immediately addressing the simple day to day requests of residents that the Department of Public Works and Parks is responsible for, such as missing signs, downed poles, etc.. (Rose)

Request City Manager request the City Solicitor provide a legal opinion as to the applicability of the City Council rules, specifically Rule 11, which states that matters not within the general supervision and/or relating to City Government are not appropriate for the City Council agenda, and whether the Rule 11 disqualifies a vote by the City Council on the pending resolution regarding DACA and TIP which are federal immigration issues. If the resolution does not violate the City Council rules then what type of order, resolution or motion would be unenforceable/invalid according to Rule 11. (Lukes)

Request City Manager submit a report on the availability and cost of biodegradable trash bags if used in the city's trash collection program. (Lukes)

Request City Manager submit a report on the data available on the condition of gas lines within the City of Worcester and what if any practices the city uses to test gas lines leaks. (Lukes)

Request City Manager report on what further construction will be performed and the date of completion for June Street. (Lukes)

Request City Manager post the piece created by Discover Central Massachusetts onto the city's website, which highlighted the various parks in the city, as previously requested on May 29, 2018. (King)

That the Worcester City Council does hereby reaffirm our commitment to equal protection under the laws for all people; and BE IT FURTHER RESOLVED: That the Worcester City Council opposes any effort to infringe on the rights of transgender and gender non- conforming members of our community; and BE IT FURTHER RESOLVED: That the Worcester City Council does hereby pledge to sign on to the “Yes on 3 Coalition” organized by Freedom for All Massachusetts. (King, Mero-Carlson, Rivera, Rose)

REPORT OF THE PLANNING BOARD Upon the Petition of Augustus Kormah request Brookside Ave. be made public.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to the Hadwen Park Master Plan: recommend adoption of accompanying Order.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to a Lakes and Ponds Program status report: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to summer youth opportunities and events: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Order of Councilor Gary Rosen requests the Standing Committee on Youth, Parks and Recreation prioritize the work that remains to be done at those parks that have completed Master Plans: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Order of Councilor Gary Rosen request the City Council's Standing Committee on Youth, Parks and Recreation and the Department of Public Works and Parks Department discuss how indoor and outdoor opportunities for Worcester residents to play pickleball can be expanded: recommend Order be placed on file.

That One Hundred Million Eight Hundred Forty Thousand Dollars $100,840,000 is hereby appropriated to pay costs of acquiring land and interests in land for, and the design, construction, original equipping and furnishing of a baseball ballpark, and for the payment of the costs of any ancillary redevelopment projects in and around such baseball ballpark, including, but not limited to roadway and utility improvements, the payment of capitalized interest and all other costs incidental and related thereto, said amount being appropriated to Account #04C756 Baseball Ballpark/Urban Renewal and that to meet this appropriation, the City Treasurer, with the approval of the City Manager, is hereby authorized to borrow One Hundred Million Eight Hundred Forty Thousand Dollars$100,840,000 under and pursuant to M.G.L. c. 40Q, c. 44, §7(1), c. 121B, §20, as amended and supplemented, or pursuant any other enabling authority, and to issue bonds or notes of the City therefor. In order to accomplish the purposes of this order, the City Manager is authorized to acquire by purchase, gift or eminent domain, the various properties identified in Exhibit A to this order, as well as any other interests in land necessary or convenient to the carrying out of the purposes of this order. The City Manager is further authorized to enter into any leases or other arrangements with the Pawtucket Red Sox Baseball Club, LLC, or any successor thereto, or any other person or entity, including but not limited to the Worcester Redevelopment Authority, to effectuate the purposes of this order. ORDERED: Any premium received upon the sale of any bonds or notes approved by this order, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this order in accordance with M.G.L. c. 44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

Amending Chapter Two of the Revised Ordinances of 2008 relative to certain Permit and Inspection Fees for the Ballpark Project.

An Organizational Ordinance removing the Division of Technical Services from the Executive Office of Administration & Finance and moving to a separate cabinet level agency effective with new Fiscal Year Commencing July 1, 2018.

Amending Chapter Two Of The Revised Ordinances Of 2008 Relative To The Recognition And Elimination Of Human Trafficking.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 19 Schussler Road.

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking In Front Of 31 Louise Street.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 45 Waverly Street.

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking In Front Of 11 Caroline Street.

Amending Section 40 Of Chapter 13 Of The Revised Ordinances Of 2008 To Revise Resident Permit Parking Roxbury Street.

Amending Section 40 Of Chapter 13 Of The Revised Ordinances Of 2008 To Revise Resident Permit Parking Dominion Road.

Amending Section 68 Of Chapter 13 Of The Revised Ordinances Of 2008 To Make Ash Street One-Way Eastbound From Summit Street To Green Street.

Amending Section 43 Of Chapter 13 Of The Revised Ordinances Of 2008 To Amend The Winter Parking Ban On Beacon Street.

Amending Section 29 Of Chapter 13 Of The Revised Ordinances Of 2008 Providing For Stop Sign On Elliott Street At Edward Street.

RESOLUTION of Mayor Joseph M. Petty - That the Worcester City Council urges Congress to pass legislation that preserves the ability of all current TPS holders to continue living and working legally in the United States; and further, urges President Trump and his administration to preserve the DACA program and urges members of Congress, including our own Senators and Representatives, to take bipartisan action to pass legislation that provides DACA recipients the promised citizenship they deserve and end the uncertainty they face. We urge that the legislation be passed without any additional conditions, whether it be additional funding for border security or measures that would heighten the risk of deportation of other immigrant groups; and FURTHER, BE IT RESOLVED: That the Worcester City Council encourages Congress to pass asylum laws that make it clear that gender-based violence is not a private issue, but a public health and human rights concern for the international community that impact the health, safety and wellbeing of all residents in our country and those seeking refuge from such persecution abroad; and further, encourages Congress to seek and consider a solution that grants permanent status and a pathway to citizenship to the broadest group of immigrants possible, including undocumented immigrants without DACA and TPS. (Tabled Under Privilege - Lukes September 12, 2018)

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the 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: recommend adoption of the accompanying Order to request the City Manager to initiate process for moving 5 or more unit properties from residential tax rate to commercial tax rate. (Tabled Under Privilege - Rose September 12, 2018)

COMMUNICATION of the City Manager transmitting informational communication relative to gas leak detection at proposed new tree planting sites within the right-of-way. (Tabled Under Privilege - Lukes August 21, 2018 and Tabled Under Privilege - Petty September 12, 2018)

COMMUNICATION of the City Manager transmitting informational communication relative to request City Manager provide an update concerning the legality, proliferation and paving by homeowners of their front lawns to increase off-street parking, often resulting in unauthorized curb cuts which eliminate on-street parking spots for their neighbors. (Tabled Under Privilege - Rosen August 21, 2018 and Tabled Under Privilege - Petty September 12, 2018)

ORDER of Councilor Morris A. Bergman - Request City Manager request the City Solicitor to draft a Home Rule Petition forthwith to allow City Council under Mass. Gen. Laws. Chapter 60 to designate a place on our municipal tax bills whereby taxpayers can VOLUNTARILY check off, donate and pledge any amount to establish a "Preservation Fund", the purpose of which shall be to provide financial resources to preserve/protect/restore/redevelop buildings and structures integral to the history of the City of Worcester. (Tabled Under Privilege - Bergman August 21, 2018 and Tabled Under Privilege - Petty September 12, 2018)

RESOLUTION of Councilor Konstantina B. Lukes – That the City Council go on record in favor of supporting the Worcester Bravehearts as they plan for the future. (Tabled Under Privilege - Lukes August 21, 2018 and Tabled Under Privilege - Petty September 12, 2018)

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)

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)

COMMUNICATION of the City Auditor transmitting the Comprehensive Annual Financial Report (CAFR) for the Worcester Retirement System (WRS) for its year ending December 31, 2017. (Tabled Under Privilege - Lukes July 17, 2018 and August 21, 2018 and Tabled - Petty September 12, 2018)

COMMUNICATION of the City Auditor transmitting two (2) actuarial reports of the Worcester Retirement System (WRS) as of January 1, 2018 as prepared by Segal Consulting. (Tabled Under Privilege - Lukes July 17, 2018 and August 21, 2018 and Tabled - Petty September 12, 2018)

COMMUNICATION of the City Auditor transmitting quarterly report concerning accounts of cash that are not collateralized or insured. (Tabled Under Privilege - Lukes July 17, 2018 and August 21, 2018 and Tabled - Petty September 12, 2018)

ORDER of Councilor George J. Russell - Request City Manager provide City Council with information concerning a pothole on New Bond St., including a recommendation from the Department of Public Works and Parks regarding how to resolve the issue as well as any necessary legal information. - Item #22a Order adopted

ORDER of Mayor Joseph M. Petty - Request City Manager provide City Council with a copy of the public audits conducted of the Worcester Regional Transit Authority (WRTA). - Item #22b Order adopted

ORDER of Councilor Khrystian E. King - Request City Manager work with the Red Sox to see how their monogamy clause with the City of Pawtucket worked to determine if a similar clause could be used by the City of Worcester as an additional protection. - Item #22c Order adopted

ORDER of Councilors Khrystian E. King and Kathleen M. Toomey @ #11i CC – Request City Manager provide City Council with an update concerning the use of body cameras on Worcester police officers. - Item #22d Order adopted

ORDER of Councilor Morris A. Bergman - Request City Manager request City Solicitor provide City Council with clarification concerning whether the city can create a home rule petition to change the definition of residential units. - Item #22e Order adopted

ORDER of Councilor George J. Russell - Request City Auditor provide City Council with a report containing about forty or fifty samples of taxes for properties in each district and throughout the City if the City were to initiate a process for moving 5 or more unit properties from the residential tax rate to the commercial tax rate. - Item #22f Order adopted

ORDER of Councilor Matthew E. Wally - Suspension of Rules – Request City Manager provide City Council with a report concerning why there has been a delay in the June Street repaving. - Item #22g Order adopted

ORDER of Kathleen M. Toomey - Request City Manager consider lighting City Hall up in purple in honor of Addiction Awareness Month. Further, request City Manager consider contacting the proper State department to light up the bridge over Lake Quinsigamond in purple as well. - Item #22h Order adopted

ORDER of Councilors Khrystian E. King and Matthew E. Wally – Request City Manager take steps to address dangerous traffic concerns regarding the crosswalks in the vicinity of May Street School. - Item #22i Order adopted and Referred to Traffic & Parking Committee

Motion Mero-Carlson @ #9e CC – Request City Manager provide City Council with an update concerning any action taken on an Order brought forth on May 2, 2017 by Mayor Petty, Councilor Candy Mero-Carlson and Councilor Konstantina B. Lukes requesting an Ordinance be drafted that addresses the public safety issue of natural gas leaks.

Motion King @ #9l CC – Request City Manager provide City Council with a report concerning an itinerary widget being produced by Discover Central Massachusetts that plans to include all the parks, areas of attraction and landmarks.

Motion Mero-Carlson – Suspension of Rules – Request City Manager have the lights on Sagamore Rd. inspected and turned on to ensure the street is well lit.

Motion Petty and Mero-Carlson – Suspension of Rules – Request City Manager provide City Council with a report with recommendations as to how best to curb the parking of tractor trailer trucks on Randolph Rd. in the vicinity of Odd Fellows Home and Oasis at Dodge Park.