CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 17, 2019

Esther Howland Chamber

Convened: 6:35 P.M.

Adjourned: 8:11 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 the week of September 15, 2019 through September 21, 2019 as Constitution Week in the City of Worcester. Mayor Petty presented the Proclamation to the Daughters, Sons and Children of the American Revolution, including Caroline Bigelow, Bethany Schloss, Monica Hurley, Helen Aviv, Cathy Harrison, Maura Vantre, Deb Nurse, Judy Jeon, Chris Tourtuet, Andy Volpe, Anita Cyr, Brooks Schloss, Henry Schloss, Cora Schloss, Seircha Hines, Iona Gines, Liam Aviv and Steve Vantre. Mayor Petty recognized Caroline Bigelow, who spoke concerning the Proclamation.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of August 13, 2019.

Mayor Petty recognized the following speakers:
1. Paul Popinchalk, Worcester resident, spoke in favor of #9v CC
2. David Balian, Worcester resident, spoke in favor of #9aa CC
3. Gordon Davis, Worcester resident, spoke in favor of #9aa CC
4. Idella Hazard, Worcester resident, spoke in favor of #9w CC, #9x CC and #9aa CC
5. Daniel Harvey, no residence given, spoke in favor of #9v CC
6. Lucy Canbid, Worcester resident, spoke in favor of #9v CC
7. Dianna Painter, Fairhaven resident, spoke in favor of #9v CC
8. Nicole DiCello, Worcester resident, spoke in favor of #9v CC
9. Marilynn Ifegwu, Worcester resident, spoke in favor of #9v CC
10. Ashley Rodgers, Worcester resident, spoke in favor of #9v CC
11. Sochi Cruz-Gallo, Worcester resident, spoke in favor of #9v CC
12. James Fernando, Worcester resident, spoke in favor of #9v CC
13. Terri Kelley, Worcester resident, spoke in favor of #9v CC
14. Scott Schaffer-Duffy, Worcester resident, spoke in favor of #9v CC
15. Reverend Vernon K. Walker, no residence given, spoke in favor of #9v CC
16. Colin Novick, Worcester resident, spoke in favor of #9v CC
17. Ted Conna, Worcester resident, spoke in favor of #9v CC
18. Susan Buchannan, Oakham resident, spoke in favor of #9v CC
19. Karrie de Ramos, Worcester resident, spoke in favor of #9v CC
20. Greg Dorschler, Worcester resident, spoke in favor of #9v CC
21. Vic Mohinca, Worcester resident, spoke in favor of #9v CC
22. Jo Hart, Worcester resident, spoke in favor of #9v CC
23. Alex Guardiola, Worcester resident, spoke neither in favor or opposed to #16g CC
24. Mark Borenstein, Worcester resident, spoke in favor of #14a CC and neither in favor of opposed to #17g CC

Hearing: CHARTER COMMUNICATIONS for a telephone pole location: 2 COMMONWEALTH AVE. and; Granting permission to CHARTER COMMUNICATIONS for a telephone pole location: 2 COMMONWEALTH AVE

Councilor George J. Russell on behalf of Susan Langanelli request at least three (3) public shade trees be planted in the vicinity of 360 Massasoit Road on the public owned sidewalk and adjacent areas.

Eric Rosenthal request sidewalk replacement in front of 29 Otsego Rd.

Joan Tedeschi request Morgan St. be resurfaced.

Nataly Dernulc request sidewalk repair along the Perry Ave. and Harlem St. sides of 37 Harlem St.

Teresa Castillo request installation of a handicap parking space in front of 31 Haynes St.

Nancy Garr-Colzie request the Pedestrian Crossing Signal button on the island at 1062 Main St. be modified so as to allow a wheelchair user access and the ability to reach the crossing signal.

Melissa Tenczar request installation of "No Parking Anytime" be installed from the beginning of Sunrise Ave. to the turn, which is in front of 11 Sunrise Ave.

Isaac Chassman request installation of "No Parking Anytime" signage effective Monday through Friday between the hours of 9 a.m. to 6 p.m., in front of New England Chiropractic, located at 192 Lincoln St.

Gueng Yang request installation of a commercial loading zone in front of Oishi, located at 8 Franklin St., between 11 a.m. and 5 p.m.

Mercedes Familia request the winter parking ban on Stoneland Rd. be amended from "No Parking" when declared on the even side to "No Parking" when declared on the odd side for the entire length of the street.

Karen Bird et al request installation of a stop sign in Hamilton St. at Orient St.

Karen Bird et al request installation of "No Left Turn" signage on Orient St. at Hamilton St.

Neftali Cruz request the two (2) handicap parking spaces in front of 69 Providence St. be removed.

George Auden request the winter parking ban for Ingleside Ave., from Hamilton St. to Dartmouth St., be reversed to allow parking on the even side of the street when a declared parking ban is in effect.

George Auden request installation of resident permit parking on Ingleside Ave., from Dartmouth St. to Hamilton St.

Alexander Valle request installation of a flashing pedestrian light at the crosswalk next to 91 Stafford St.

Jessica Waltz request installation of "No Parking Anytime" signage on both sides of Burncoat St. between 146 Burncoat St. and 162 Burncoat St.

Richard Powers request the handicap parking space in front of 178 Vernon St. be removed.

Richard Powers request installation of a handicap parking in front of 1 Upsala St.

Maudistien Buggs request installation of traffic calming measures at the crosswalk at the intersection of Burncoat St. and Lincoln St., including 3D crosswalks, yellow flashing pedestrian crossing signals and speed limit signage.

Alexander Valle request creation of a dog park at the end of West Boylston Dr.

Councilor Sarai Rivera, Mayor Joseph M. Petty, Councilor Gary Rosen, Councilor Khrystian E. King and Councilor Sean M. Rose on behalf of Climate Action Circle et all request City Council adopt the attached resolution concerning the declaration of a climate emergency.

Richard Kerver request City Council and City Manager support #ClimateStrike, taking place on September 17th and September 20th, 2019, which would include various youth led marches from Worcester schools and campuses to City Hall.

Richard Kerver request City Council request City Manager consider replacing all city vehicles with electric vehicles (see attachment).

Clare Perry and William S. Coleman, III request City Council request City Administration provide additional funding for pre-paid postage of returned absentee ballots for this November 2019 Municipal Election.

William S. Coleman, III request City Council and City Administration help the neighbors who live near Notre Dame Academy at 425 Salisbury St. work with State and City Agencies to get safe walkable sidewalks.

Gordon T. Davis et al request notice be provided to all Worcester Housing Authority (WHA) managers and tenants as to the date and time they sweep streets, waive parking tickets issued from an incident on May 16, 2019 and further, request City Council review the policies of the parking administration.

Transmitting informational communication relative to a financial breakdown of the municipal lots in the city.

Transmitting informational communication relative to the Fall 2019 Household Hazardous Waste Collection Event being held on Saturday, October 12, 2019 by appointment only.

Transmitting informational communication relative to what is being done at the State level in regards to banning single-use plastic checkout bags, especially in regards to House Bill 3945, which may be providing exemptions that could be beneficial to the city.

Recommend that the total of Six Hundred Fifty Thousand Dollars And No Cents ($650,000.00) be transferred from various School Capital Accounts, to Various School Capital Accounts, as described.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Account #91C711F, Building Rehabilitation Library, to Account #11C70201, EAM Library.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Account #91C7114, Citywide Building Rehabilitation, to Account #11C70202, EAM Senior Center.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Account #91C7114, Citywide Building Rehabilitation, to Account #11C70203, EAM 25 Meade St.

Recommend that Thirty Thousand Dollars And No Cents ($30,000.00) be transferred from Account #91C7114, Citywide Building Rehabilitation, to Account #11C70204, EAM City Hall.

Recommend that Sixty One Thousand Nine Hundred Dollars And No Cents ($61,900.00) be transferred from Account #91C780S, Solar Capital Equipment, to Account #11C70206, EAM Solar, for solar related costs.

Recommend that One Hundred Forty Four Thousand Three Hundred Twenty One Dollars And No Cents ($144,321.00) be transferred from Account #75C504, DCU Special District, to Account #75C701, DCU Capital Equipment.

Recommend that Six Hundred Fifty Thousand Dollars And No Cents ($650,000.00) be transferred from Loan Account # 91C784, Park Improvements, and be appropriated to Parks Account # 72C70214, Institute Park, to allow for contractually obligated payments associated with the Institute Park Improvement Project.

Recommend that Seventy Five Thousand Dollars And No Cents ($75,000.00) be transferred from Loan Account # 91C784, Park Improvements, and be appropriated to Parks Account # 72C70227, Mulcahy Field, to allow for contractually obligated payments associated with the Mulcahy Park renovations.

Recommend that Fifty Thousand Dollars and no cents ($50,000.00) be transferred from Account #91C7804 Citywide Capital Equipment to Account #28C701 Inspectional Services Capital Equipment in order to pay bills and invoices in a timely manner for motor vehicles requested in Capital Budget.

Recommend adoption of a resolution to authorize the City of Worcester to serve as a partner on the Worcester Cultural Coalition’s grant application of up to Twenty Five Thousand Dollars and No Cents ($25,000.00) from the 2020 Levitt AMP Music Series program, through the Levitt Foundation.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Four Hundred Twenty Dollars And No Cents ($420.00) from Mass. Association of Councils on Aging for a Job Seeker Program at the Worcester Senior Center, Elder Affairs.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Eighteen Thousand Dollars and No Cents ($18,000.00) from the Massachusetts Department of Industrial Accidents, through their FY20 Workplace Safety Grant Program.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Twenty Thousand Dollars And No Cents ($20,000.00) from Greater Worcester Community Foundation’s Worcester Fire Department Memorials Care Fund, to the Worcester Fire Department.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Two Hundred Thousand Dollars And No Cents ($200,000.00) from the MA Department of Environmental Protection, under the Ozone Upgrade and Optimization Project program.

Recommend that Fifteen Thousand Dollars and No Cents ($15,000.00) be transferred from Account #900-92000, City Manager Contingency Ordinary Maintenance, and transferred to Account #043-92000 Economic Development Ordinary Maintenance.

Recommend that Twenty Five Thousand Dollars and No Cents ($25,000.00) be transferred from Account #900-92000, City Manager Contingency Ordinary Maintenance, and transferred to Account #043-92000, Economic Development Ordinary Maintenance.

Recommend that Fifty Dollars And No Cents ($50.00) be authorized from DPW Account #450103-92406, to allow for payment of a prior year tax bill to the Town of Rutland.

Recommend that One Thousand Four Hundred Twenty Dollars and No Cents ($1,420.00) be authorized from Account #2507-92160, Police Ordinary Maintenance, for payment of a prior year invoice.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request the Chief Development Officer provide City Council with a report as to how often in the last three (3) years has a petitioner filed an application for zoning relief for building multi-family dwelling low rises and single-family attached dwellings in a RL-7 zone and report how many times this request has been allowed, denied and given leave to withdraw.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request the Chief Development Officer provide to City Council with reasons for supporting different cap recommendations for limiting the number of units when building multi-family dwelling low rises and single-family attached dwellings in a RL-7 zone which would be used to assist in making a thoughtful decision.

Request City Manager provide City Council with a report concerning the feasibility of regular moving and clearing of brush at Coes Pond and Lake Quinsigamond. (Petty)

Request City Manager study the possible change of Sudbury St. to a two way street between Chestnut St. and Main St. (Petty)

Request City Manager report to City Council concerning the city's liability resulting from the city's omission of installing a sewer chimney resulting in the abutting owner's inability to connect to the city sewer system on a public street. (Lukes)

Request City Manager request City Solicitor provide City Council with a legal opinion regarding the process of instituting a residential rent control program and the resulting impact of implementing such a program. (Lukes)

Request City Manager provide City Council with an update of all PILOT (Payment in lieu of Taxes) programs instituted in the last ten years and are currently still in effect. (Lukes)

Request City Manager report to City Council concerning the status of the public shade tree trust and what type of alternative program can be initiated requiring payment for the loss and replacement of public shade trees which have been lost or are dying as a result of leaking gas pipes. (Lukes)

Request City Manager provide City Council with list of all current problem properties in the court system or foreclosure process. Further, request City Manager provide City Council with an overview of the system the City uses to track and provide follow up on issues concerning said problem properties. (Mero-Carlson)

Request City Manager provide City Council with a report concerning how many complaints have been received and reviewed by the city regarding 18 Palisades St., including information concerning how many times the city has had to inspect the property. Further, request City Manager include in said report information concerning whether there is any pending legislation between the city and said property’s owners regarding 18 Palisades St. (Mero-Carlson)

REPORT OF THE PLANNING BOARD Upon the Petition of Donald J. O'Neil, Esq. on behalf of Worcester Affordable Housing LLC request to amend the Zoning Map by adding 70, 80, 86, 88 and 91 Webster St. to the Adaptive Reuse Overlay District.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager recommending approval of discontinuance and conveyance of a portion of Plantation St. right of way.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Recommend adoption of a resolution to designate 205 Summer Street as a Certified Project and approve a Tax Increment Exemption Plan: recommend adoption of the accompanying Resolution.

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

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking In Front Of 16 Bellevue Street.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 11 Upsala Street.

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking On The Hartford Road Side Of 429 Burncoat Street.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 2 Queen Street.

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking In Front Of 45 Cohasset Street. Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking On The Ingleside Avenue Side Of 45 Cohasset Street.

Amending Section 10 Of Chapter 13 Of The Revised Ordinances Of 2008 To Amend The Truck Ban Weight On Granby Road.

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Amend Parking On Suffolk Street. Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide 30 Minute Parking On Norfolk Street.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Install No Parking On Hamilton Street. Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Install No Parking Anytime On Trahan Avenue.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to recommending adoption of a proposed ordinance to ban environmentally harmful single-use plastic checkout bags: recommend passage of the accompanying proposed Ordinance. (Tabled Under Privilege - Petty August 13, 2019 and Tabled Under Privilege - Bergman September 3, 2019)

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 and Tabled - Lukes September 25, 2018)

COMMUNICATION of the City Manager transmitting informational communication relative to a legal opinion concerning the extent of discussion of City Council matters by City Councilors outside of City Council meetings. (Tabled Under Privilege - Bergman February 5, 2019 and Tabled - Bergman February 26, 2019)

ORDER of Councilor George J. Russell, Councilor Sarai Rivera, Councilor Gary Rosen, Councilor Konstantina B. Lukes, Councilor Khrystian E. King and Councilor Candy Mero-Carlson - Request City Council have the City Council Standing Committees on Public Works and Municipal Operations conduct a joint meeting about the future recommended staffing of the City Council office as well as logistics for office space for staff and City Council. Further, request the joint committee discuss potential recommendations regarding the job description and role of the City Council staff persons and further, encourage other City Councilors who are not members of the joint committee to attend and be included in the conversation. (Tabled - Petty February 26, 2019)

COMMUNICATION of the City Manager transmitting informational communication relative to information to assist in the hiring of a City Council staff member. (Tabled Under Privilege - Lukes March 12, 2019; Tabled Under Privilege - Petty March 19, 2019 and Tabled - Petty March 26, 2019)

COMMUNICATION of the City Manger transmitting informational communication relative to a legal opinion as to the jurisdiction of office space and facilities within City Hall. (Tabled Under Privilege - Mero-Carlson March 12, 2019; Tabled Under Privilege - Petty March 19, 2019 and Tabled - Petty March 26, 2019)

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Susan Burns & Mary Landry request abatement of sewer betterment assessment #31247 in the amount of $36,000.00 for Luther Ave.: recommend Petition be denied. (Tabled Under Privilege - Rose April 23, 2019 and Tabled - Russell April 30, 2019)

TO BE ORDAINED - Amending Section 2 Article III Of The Worcester Zoning Ordinance Adopted April 2, 1991 Relative To Extending The Bl-1.0 And Commercial Corridor Overlay (CCOD) Zoning Districts In The Vicinity Of The Property Located At 57 Highland Street And 33 & 35 Wachusett Street. (Tabled Under Privilege - Petty June 25, 2019 and Tabled - Wally July 23, 2019)

ORDER of Councilor George J. Russell – That City Council does hereby support the Comprehensive Clean City Program as submitted to City Council, with the exception of changing the price increase on garbage bags from fifty cents to twenty-five cents and eliminating the clear plastic bag portion of the program. (Tabled Under Privilege - Petty July 23, 2019 and Tabled - Russell August 13, 2019)

ORDER of Councilor Candy Mero-Carlson - That City Council does hereby support the Comprehensive Clean City Program as submitted to City Council. Further, request City Manager provide City Council with a review of the Comprehensive Clean City Program in one year’s time. Further, request City Manager consider providing all neighborhood based clean-up grants to only established neighborhood groups. (Tabled Under Privilege - Petty July 23, 2019 and Tabled - Russell August 13, 2019)

ORDER of Councilor Matthew E. Wally – That City Council does hereby support the Comprehensive Clean City Program as submitted to City Council, with the exception of implementing an a la carte system for purchasing clear plastic recycling bags and yellow trash bags, which would allow residents to purchase large bags separately from small bags, and yellow trash bags separately from clear plastic recycling bags. (Tabled Under Privilege - Petty July 23, 2019 and Tabled - Russell August 13, 2019)

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with a report concerning tools being utilized by similar sized cities to attract businesses. – Item #21a CC Order adopted

ORDER of Councilor Morris A. Bergman – Request City Manager look into best practices used by other communities when caring for animals that are hit by cars and owners cannot be identified. – Item #21b CC Order adopted

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report concerning whether or not the ordinance to ban the use of environmentally harmful single-use plastic check out bags must include a clause mandating retailers to charge funds for providing plastic bags to their consumers. – Item #21c CC Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager work with Worcester Technical High School to look into ways to provide employment opportunities to youth workers who could make cloth bags for retailers. – Item #21d CC Order adopted

ORDER of Councilor Sarai Rivera – Request City Manager request Police Chief provide enforcement of cars parking on sidewalks in the Cambridge St. area. – Item #21e CC Order adopted

Motion Rivera @ #9v CC – Request City Manager hold a city coordinated summit at City Hall within the next year concerning the subject of climate change. Further, request City Manager include members of his staff working on green initiatives as well as community leaders on the subject in the plans for the summit. Further, request City Manager increase support for the community on this issue.

Motion King @ #9v CC – Request City Manager provide City Council with a report concerning any financial and regulatory assistances available concerning climate change.

Motion King @ #9v CC – Request City Clerk provide the city’s State and Federal delegates with a copy of the city’s resolution concerning the declaration of a climate emergency.

Motion Wally @ #12f CC – Request City Manager consider reevaluating the city's tree policy in an effort to deal with issues related to city trees more efficiently.

Motion Lukes – Suspension of Rules – Request City Manager provide City Council with a copy of the contract that was recently entered into by the DCU Center.