CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 28, 2017

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 9:55 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 George Valeri, who passed away Wednesday, March 22, 2017 at the age of 68. Mr. Valeri was a dedicated member of the Worcester community, who regularly attended City Council meetings and was also a member of the Zoning Board of Appeals.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of March 7, 2017.

Mayor Petty recognized the following speakers:
1. Sandy Ellis, Worcester resident
2. Lisa Gaus, Princeton resident
3. Deborah Packard, Worcester resident
4. Susan Ceccacci, Worcester resident
5. Eric Kuczarski, Worcester resident
6. Eric Dickson, Princeton resident
7. Edith Filiberti, Worcester resident
8. Stuart Loosemore, Leicester resident
9. Andrew Shveda, Worcester resident
10. Dr. Tom Conroy, Worcester resident
11. Jonathan Lavoie, Worcester resident
12. State Representative Mary Keefe, Worcester resident
13. James Welu, Worcester resident
14. Elaine Gardella, Worcester resident
15. Dennis Kennedy, Worcester resident
16. Elizabeth Mullaney, Worcester resident
17. Dorothy Hargrove, Worcester resident
18. Nancy McGrath, Worcester resident
19. Lisa Connolly Cook, Worcester resident
20. Alex Lyman, Worcester resident
21. Christopher Sawyer, Boston resident
22. Dr. Joyce Mandell, Worcester resident
23. Julie Dowan, Worcester resident
24. Julian Davis Wade, Worcester resident
25. Keith Cross, Worcester resident
26. Jonathan Ostrow, Worcester resident
27. Joshua Plasinski, Worcester resident
28. Ted Connor, Worcester resident
29. William S. Coleman, III, Worcester resident
30. Madeline Schneider, Worcester resident
31. John Provost, Worcester resident
32. Roger Lacerte, no residence given
33. Albert Marcel, Newington, NH resident
34. Jo Hart, Worcester resident
35. Dr. George Boucher

Hearing: LIGHTOWER FIBER NETWORKS LLC for a conduit location at: INSTITUTE RD. AND PARK AVE. Granting permission to LIGHTOWER FIBER NETWORKS LLC for a conduit location at: INSTITUTE RD. AND PARK AVE.

ORDER of Councilor Konstantina B. Lukes - Request City Manager submit 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. (Held to be First Item of Business - Lukes March 21, 2017)

Denise Boucher-Garofoli request removal of "No Parking Anytime" signage in front of Boucher's Good Books and Gifts, located at 254 Lake Ave.

Denise Boucher-Garofoli request relocation of the bus stop located in front of Boucher's Good Books and Gifts, 254 Lake Ave., to the corner of Lake Ave. and Nonquit St.

Mary Wahlgren request installation of a handicap parking space in front of 76 Arlington St.

Robin Laterdress request installation of resident permit parking in Fay St.

Idella Hazard request the City to respectfully ask all city employees withdraw membership from any and all hate groups.

Deborah Packard on behalf of Preservation Worcester and the Re-Imagine Notre Dame Committee request City Council adopt the attached resolution urging all parties controlling the future of Notre Dame des Canadiens Church to delay its demolition.

NATIONAL GRID for conduit location at: WINTHROP ST.

Transmitting informational communication relative to the reappointments of Scott Cashman, Nicholas Chacharone and John Lauring to the Parks and Recreation Commission.

Recommend reappointments of Nancy Garr-Colzie and Paul Keister to the Commission on Disability.

Recommend reappointment of Vincent Pedone to the Worcester Redevelopment Authority.

Recommend appointments of Gerardo Schiano and Paul Smith to the Citizens Advisory Council.

Transmitting informational communication relative to City of Worcester and Worcester Public Schools wage earners for calendar year 2016.

Recommend adoption of a resolution to file an application to designate 49 Canterbury Street as a Certified Project and approve a Tax Increment Financing Plan for the property.

Transmitting Informational Communication Relative to a "Make Music Worcester" Event.

Recommend adoption of an Order of Taking for the property located on 94 Southgate Street.Refer to CCM Item 9.33D

Communication Relative to Keep Worcester Clean (KWC) Activity Report for the Month of December 2016.

Transmitting informational communication relative to litter and recycling containers.

Transmitting informational communication relative to the 2017 Spring Sweeping Program.

Transmitting informational communication relative to the spring 2017 permits and field availability for various activities and events.

Transmitting informational communication relative to the Rectangular Fields Master Plan.

Transmitting informational communication relative to what federal, state or local legislation established resettlement cities and what the legislative responsibility is for funding services as a result of being designated a resettlement city.

Transmitting informational communication relative to whether or not a change of use, for the purpose of a short term accessory rental at a residential or mix use properties, could result in making this rental space applicable to taxes that are imposed on businesses.

Transmitting informational communication relative to the proposed reduction in UMass Memorial psychiatric beds.

Recommend that Thirty Two Thousand Seven Dollars And Forty Eight Cents ($32,007.48) be transferred from Account #91C7804, Citywide Capital Equipment, to Account #68C702, DPSD Capital Equipment, to pay for previously approved capital equipment items for the Emergency Communications Center and the City Hall VOIP Telephone System.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Loan Account #91C7804, Capital Equipment, and be appropriated to DPW Account #41C703, Capital Equipment, to allow for the payment of this equipment.

Recommend that Two Hundred Eighteen Dollars And No Cents ($218.00) be transferred from Loan Account #91C731A, Water Capital Equipment, and be appropriated to DPW Account #45C703, Water Capital Equipment, to allow for payment of freight & shipping on previously approved items.

Recommend that One Hundred Fifteen Thousand Five Hundred Dollars And No Cents ($115,500.00) be transferred from Loan Account # 91C734A, Sewer Capital Equipment, and be appropriated to DPW Account # 44C704, Sewer Capital Equipment, to allow for the payment of this budgeted and approved equipment item.

Recommend that Fifty Thousand One Hundred Seventy Six Dollars And No Cents($50,176.00) be transferred from Loan Account #91C731A, Water Capital Equipment, and be appropriated to DPW Account #45C703, Water Capital Equipment, to allow for he payment of these vehicles.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of One Thousand Nine Hundred Dollars And No Cents ($1,900.00) from the Daughters of Walter Cosgrove for a Memorial Bench.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of four hundred dollars ($400.00) from an anonymous donor for the Green Hill Golf Course.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Four Hundred Dollars And No Cents ($400.00) from private citizens/ business to the Worcester Fire Department.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Six Thousand Dollars And No Cents ($6,000.00) from the Commonwealth of Massachusetts Executive Office of Health and Human Services for the Mass Decontamination Unit Grant.

Recommend adoption of a resolution to file, accept, and expend a grant in the amount of One Hundred Thousand Dollars And No Cents ($100,000.00) from the Health Foundation of Central Massachusetts Activation Fund program, for the implementation of an infant mortality reduction initiative.

Recommend adoption of a resolution to file, accept and expend a grant of up to Sixty Five Thousand Dollars And No Cents ($65,000.00) from the Health Foundation of Central Mass for a planning grant to help the HHS Homeless Division.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Hundred Sixty Nine Thousand Three Hundred Forty Nine Dollars and No Cents ($169,349.00) from Community Legal Aid, Inc., for the Worcester Fair Housing Subgrant.

Recommend that Fifty Nine Thousand Dollars And No Cents ($59,000.00) be transferred from Account #330-07, Land Sales, and be appropriated to Account #043-93000, Economic Development Capital Outlay.

Recommend the transfer of Eighty Five Thousand Dollars And No Cents ($85,000.00) from Account #900-92000, Contingency, to Account #172-92099, Unemployment Compensation, to pay for expenses related to Unemployment through Fiscal Year end.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account #330-07, Land Sales, and be appropriated to Account #043-93000, Economic Development Capital Outlay.

Recommend that Nine Thousand Dollars And No Cents ($9,000.00) be transferred from Account #330-07, Land Sales, and be appropriated to Account #043-93000, Economic Development Capital Outlay to acquire title to the property located at 94 Southgate Street.Refer to CCM Item 9.4C

Recommend that Fifty Six Thousand Dollars And No Cents ($56,000.00) be transferred from #900-92000, Contingency, to Account #330-91000, DPH Salaries, for a projected Worcester Division of Public Health salary budget deficit.

Transmitting informational communication relative to the second quarter update from Discover Central Massachusetts.

Joseph M. Petty, Mayor, transmitting a communication concerning amending the 2017 City Council Meeting Schedule to designate April 4, 2017 as a Joint Calendar.

COMMUNICATION of the City Manager transmitting informational communication relative to an update to the long term financial plan of the City. (Tabled Under Privilege - Gaffney March 21, 2017)

COMMUNICATION of the City Auditor transmitting the financial statements for the eight months ended February 28, 2017 for the General Fund and each of the three Enterprise Funds (Golf, Sewer, and Water). (Tabled Under Privilege - Gaffney March 21, 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)

RESOLUTION of Councilor Tony Economou – That City Council does hereby encourage all citizens and visitors to Worcester to commit a random act of kindness in our City. – Item #21a Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Konstantina B. Lukes – Request City Manager begin providing City Council with biannual Economic Development reports instead of quarterly reports. – Item #21b Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a list of wages earned by all City of Worcester employees for calendar year 2016. – Item #21c Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report detailing the cost of maintenance and repairs for City Hall’s elevators over the last five years, as well as information on warranties and elevator accessibility moving forward. – Item #21d Order adopted

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report outlining where funds received from CSX have gone, what may still be due, as well as any other relevant information. – Item #21e Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with a report concerning all the work that has previously been done concerning testing for PCBs. – Item #21f Order adopted

RESOLUTION of Councilor Khrystian E. King and Councilor Kathleen M. Toomey – That the City Council does hereby support the efforts of the School Committee and the EAW in doing everything they can to resolve the issue of testing for PCBs in Burncoat and Doherty High Schools. – Item #21g Resolution adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager reach out to the Massachusetts Municipal Law Association to receive and distribute to City Council a report provided at Clark University concerning recreational marijuana. – Item #21h Order adopted

Motion King @ #9.36A CM – Request City Manager work with Discover Central Massachusetts to get the NCAA March Madness basketball tournament back to Worcester.

Motion Lukes @ #9.4A CM – Request City Manager provide City Council with information concerning if property values are being inflated through the Assessor’s Office, as properties are being sold far lower than what they are valued at.

Motion Lukes @ #9.32E CM – Request City Manager provide City Council with an update concerning the implementation of an infant mortality reduction initiative, including what has and has not worked and if there has been a reduction in infant mortality.

Motion Lukes @ #9.33B CM – Request City Manager provide City Council with a report concerning potential statutory change in terms of preventing double payment to retirees who may also be collecting unemployment.

Motion Russell @ #11a CC – Request City Manager provide City Council with a report concerning ways to pay off accounts similar to the North High School Construction Fund in advance.

Motion Gaffney @ #11b CC – Request City Manager provide City Council with a report concerning a breakdown of the snow and ice removal cost by date of storm.

Motion Gaffney @ #11b CC – Request City Manager provide City Council with a report concerning the source of funding for the Mounted Police Unit.

Motion Rivera – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks replace missing street name and resident permit parking signage in College St. and Clay St., as they were taken down when those streets were repaved.

RESOLUTION – Suspension of Rules – That the City Council does hereby recognize and congratulate Burncoat Senior High School’s Green Reaper Robotics Team for winning the Chairman’s Award at the First Robotics Competition in Bedford, New Hampshire on March 26, 2017. The Chairman’s Award is presented to the team judged to have the most significant impact on a community for a sustained period of time. (Toomey)

PETITION – Councilor Tony Economou request Tuxedo Rd. be resurfaced.

Motion Economou – Suspension of Rules – Request City Manager reach out to the owner of the old Salter School property located at Indian Hill Rd. and look into a means to clean up the property, including graffiti on the building, prior to the adjacent baseball field opening up for the season.