CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 19, 2018

Esther Howland Chamber

Convened: 6:45 P.M.

Adjourned: 8:15 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Mayor Petty request a Moment of Silence for the recent passing of Gary Brackett who was a former City Solicitor for the City Worcester.

Mayor Petty presented a Certificate of Mayoral Recognition and Key to the City to James G. Riddick for his care and effort in maintaining the Billings Square War Memorial.

Mayor Petty presented a Certificates of Mayoral Recognition and Keys to the City to Harry Gartatzoghian and WireFab for their care and effort in maintaining the Quinsigamond Village War Memorial.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of June 5, 2018.

Speakers:
1. Jo Hart, Worcester, in support of items 7m & 7n
2. Ron Madnick, Worcester, no opinion given on items 7m & 7n
3. Alex Zequeira, Worcester, in support of #8.13A
4. Robert Thomas, Worcester, in support of #10d

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

Augustus Kormah request Brookside Ave. be made public.

William Wyman request Radcliffe St., from Hunnewell Rd. to West Mountain St. be repaved.

Councilor Sean M. Rose request sidewalk in front of 10 Whitman Rd. be replaced.

Councilor Sean M. Rose request installation of a catch basin in the public portion of Clearview Ave. in the vicinity of 41 Clearview Ave., to alleviate surface drainage.

Alvaro Alonso and Alejandra Rodriguez request a traffic mirror be installed at the intersection of Forest Hill Dr. and Moreland St. to assist drivers exiting Forest Hill Dr.

Ronda Osterberg request installation of handicap parking in the vicinity of 28 Harlem St.

Donna McArthur request installation of handicap parking space in the vicinity of 9 Hitchcock Rd.

Kathleen DiGregorio request a pedestrian yellow sign with blinking light at the crosswalk on Providence St. at Dennis Shine State Swimming Pool.

Raymond Beauvais request installation of resident permit parking on Berkshire St.

Allen Fletcher request the portion of Ash St., between Summit St. and Green St., be made one way in the easterly direction.

Councilor Sean Rose on behalf of Marlene Ekstrand request speed limit sign, (Thickly Settled, 30 MPH) be installed inbound on West Mountain St. just past the intersection with Mountainshire Dr.

CHARTER COMMUNICATIONS for a conduit location at: SUMMER ST.

Randy Feldman request city fund a one week effort to determine the costs of mothballing Notre Dame des Canadiens Church, including $10,000 for an immediate study by a structural engineer to learn the long-term costs of ensuring the structural integrity of the church building. Additionally request the city request Opus/City Square II Development not begin to remove the roof or walls of the church for the coming week of June 19, 2018 to June 26, 2018.

Jonathan Ostrow request clarification of the discussion of the actual scope of work and cost considerations associated with the City of Worcester accepting the Notre Dame building at no charge and preserving its shell prior to its repurposing.

Recommend adoption of salary ordinance amendments to bring the ordinance into compliance with changes enacted in the FY19 budget.

Transmitting informational communication relative to the announcement of a Cultural Compact signing that took place on Monday, June 18, 2018.

Transmitting informational communication relative to the Construction Progress Report for the month of May 2018.

Transmitting informational communication relative to 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 & playgrounds.

Transmitting informational communication detailing the Worcester Police Department’s initiative to educate students on bicycle safety

Recommend adoption of an order to authorize the filing of a petition with the general court which would authorize the City Manager to convey a certain parcel of land located in the town of Shrewsbury to St. John's High School to be used for recreational purposes with the adjacent athletic fields.

Transmitting informational communication relative to a status update concerning 65 Kenwood Ave.

Transmitting informational communication relative to tours of City Hall for persons with disabilities.

Transmitting informational communication relative to the Worcester Public Library Summer Reading Program.

Recommend that Ten Million Three Hundred Fifty Nine Thousand Ninety Five Dollars And Twenty Two Cents ($10,359,095.22) be transferred from various capital accounts to various capital accounts, as described. Transfers are a result of FY18 Note Sale borrowed in accordance with the Department of Public Works and Parks Capital Improvement Plans.

Recommend that Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from Loan Account #91C784, Parks Improvements, and be appropriated to Parks Account #72C70243, Providence St. Playground, to allow for payment of contractual obligations associated with Glodis Field.

Recommend that Twenty One Thousand Five Hundred Eighteen Dollars And No Cents ($21,518.00) be transferred from Account # 04S645, Community Fund, and be appropriated to DPW Account # 41C606, Flashing Beacons for installation of flashing pedestrian lights on Shrewsbury Street.

Recommend that Six Hundred Seven Thousand Three Hundred Sixty Six Dollars And Fifty Three Cents ($607,366.53) be transferred from Account #75C504, DCU Special District, to Account #75C702, Civic Center Rehabilitation, to provide funding to cover invoices associated with the DCU WiFi upgrade, new basketball hoops, and retainage for the new scoreboard.

Recommend adoption of an order to authorize a two-year extension of the lease of space agreement with the Literacy Volunteers of Greater Worcester, Inc. and the Worcester Public Library.

Recommend adoption of a resolution to file, accept and expend grants with a total amount of One Million Nine Hundred Two Thousand Four Hundred Sixty Four Dollars And No Cents ($1,902,464.00) of state and private grant dollars for FY19 programs and operations of the Division of Public Health.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Ten Thousand Dollars and No Cents ($10,000.00) from Quinsigamond Community College for the ongoing operations of WPL's library book mobile “Lilly”.

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 Massachusetts Executive Office of Energy and Environmental Affairs, under the Municipal Vulnerability Preparedness grant program (MVP) program.

Recommend adoption of a resolution to apply for, accept and expend funds from the Commonwealth of Massachusetts Department of Elementary and Secondary Education (DESE) under the Connecting Activities grant and the Career Pathways grant. The total estimated award amount for these funding opportunities is Three Hundred and Twenty Six Thousand Eight Hundred Fifteen Dollars and Zero Cents ($326,815.00).

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Three Hundred Thousand Dollars And No Cents ($300,000.00) from US Dept of Transportation, Federal Railroad Admin, under the Worcester Technology for Trespass Prevention Program (WTTPP) program.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Twenty Five Thousand Dollars And No Cents ($25,000.00) from MA Exec Office of Public Safety & Security (EOPSS) under the Law Enforcement and Youth Partnership Summer Day Program program.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Seven Hundred Twenty Dollars And No Cents ($720.00) from Massachusetts Association of Councils on Aging to support the job seekers program.

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 MA Dept. of Conservation and Recreation, under the LWCF program, for Hadwen Park.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Four Hundred Thousand Dollars And No Cents ($400,000.00) from MA Dept of Energy & Environmental Affairs, under the PARC Grant Program.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Fifteen Thousand Dollars And No Cents ($15,000.00) from Youth Opportunities Upheld, Inc. (YOU Inc.) and Department of Youth Services (DYS) to benefit the 2018 Summer Employment programs and HUB model.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Six Hundred Forty Eight Thousand Six Hundred Twenty One Dollars And No Cents ($648,621.00) from the Bureau of Justice Assistance (BJA), under the Justice & Mental Health Collaboration Program FY18 program.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Seventy Five Thousand and No Cents ($75,000.00) from the Boston Public Health, for training and systems change practices to fill gaps in statewide service capacity and then partner with communities to implement evidence based practices to ensure maximum impact.

Recommend adoption of a resolution to file, accept and expend a grant in an amount up to Seven Hundred Fifty Thousand Dollars and No Cents ($750,000.00) from the DOJ to address an urgent gap in crime victim services related to the opioid epidemic and to expand upon existing programs or establish new ones to provide services to children and youth who are victimized as a result of the opioid crisis.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Twenty Five Thousand Dollars And No Cents ($25,000.00) from the Worcester Rotary Club, to support the construction and renovation of the Canterbury Street School Playground and Library.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Twenty Thousand Dollars And No Cents ($20,000.00) from the University of Massachusetts Medical School for the WHHS outreach recovery coaches program.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Ten Thousand Dollars And No Cents ($10,000.00) from College of the Holy Cross for support the City’s 2018 Summer Recreation Worcester Program.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Fifty Thousand Dollars And No Cents ($50,000.00) from the Worcester Community Action Council and Bank of America, to support the City’s 2018 Summer Recreation Worcester Program.

Recommend that Sixteen Thousand Dollars And No Cents ($16,000.00) be transferred from various CDBG accounts, and be appropriated to Account #14SSED43, CDBG Economic Development Salary & Fringe, to provide sufficient funding for salary and fringe costs through the remainder of Fiscal Year 2018.

Recommend that Four Million Sixty Six Thousand Four Hundred Fifty Five Dollars And Forty Two Cents ($4,066,455.42) be transferred from General Fund Accounts of $969,910.00, Enterprise/Special Revenue Accounts of $2,090,674.90, and Capital Accounts of $1,005,870.52, and be appropriated to various General Fund, Enterprise/Special Revenue, and Capital Accounts as listed, to make adjustments to City accounts to balance the Fiscal year 2018 budget.

Transmitting informational communication relative to summer youth opportunities and events.

Transmitting informational communication relative to the City Manager's Fiscal Year 2018 Accomplishments.

Robert V. Stearns, City Auditor, transmitting responce to a request for a report regarding the act relative to modernizing the foundation budget for the 21st century and would it have a budgetary impact.

Robert V. Stearns, City Auditor, transmitting response for a request to estimate the state matching funds that would have been received had the city adopted the provisions of the Community Preservation Act in 2001.

Robert V. Stearns, City Auditor, transmitting report as to how much the Community Preservation Act (CPA) will cost the average homeowner, three-family, commercial and industrial properties.

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)

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)

PETITION of Odemaris Garcia request the Community Preservation Act be placed on the ballot. (Tabled - Petty June 12, 2018)

CHAIRMAN'S RESOLUTION 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. (Tabled - Petty June 12, 2018)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT COMMITTEE 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 Krystian E. King – Request City Manager provide City Council with the cost for mothballing Notre Dame des Canadiens over a ten year period. – Item #20a Order adopted

ORDER of Councilor Krystian E. King - 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. – Item #20b Order adopted

ORDER of Councilor Krystian E. King - Request City Manager continue dialogue with Hanover Insurance to see if Notre Dame des Canadiens can be saved. – Item #20c Order adopted

ORDER of Councilor Kathleen M. Toomey - Request City Manager recognize visits of the many United States Presidents to Worcester on the city’s website. – Item #20d Order adopted

ORDER of Mayor Joseph M. Petty - 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. – Item #20e Order adopted

ORDER of Mayor Joseph M. Petty - 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. – Item #20f Order adopted

ORDER of Mayor Joseph M. Petty - 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. – Item #20g Order adopted

ORDER of Mayor Joseph M. Petty - 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. – Item #20h Order adopted

ORDER of Councilor George J. Russell - That day care centers be excluded from the buffer zone in the ordinance for Adult Use Marijuana Establishments. – Item #20i Order denied on a roll call vote of 2 Yeas and 9 Nays.

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 adoption of the accompanying Order. – Item #20j Report Accepted and Order adopted on a roll call of 10 Yeas & 1 Nay.

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. – Item #20k Report Accepted and Order adopted on a roll call of 11 Yeas & 0 Nays.

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. – Item #20l Report Accepted

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) - Item #20m Chairman’s Order referred to Municipal Operations Committee

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) - - Item #20n Chairman’s Order referred to Municipal Operations Committee

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) - - Item #20o Chairman’s Order referred to Municipal Operations Committee

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) – Item #20p Chairman’s Order adopted

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) – Item #20q Chairman’s Order adopted

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) - Item #20r Chairman’s Order referred to Municipal Operations Committee

ORDER of Councilor Konstantina B. Lukes - Request City Auditor report to City Council for the June 19th City Council agenda if the act relative to modernizing the foundation budget for the 21st century would have any budgetary impact. – Item #20s Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager have appropriate staff inspect for gas leaks prior to planting new trees. – Item #20t Order adopted

PETITION – Councilor Candy Mero-Carlson install “No Trucks Allowed” in Lake Ave. North. – Item #20u Petition referred to Traffic & Parking Committee

ORDER of Councilor Sarai Rivera - 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. – Item #20v Order adopted

ORDER of Mayor Joseph M. Petty - Request Police Chief provide enforcement at Newton Hill behind Doherty High School. – Item #20w Order adopted

Motion Lukes @ #7m CC – Request City Manager notify Hanover Insurance/owners of Notre Dame des Canadiens of the city’s intent to find $10,000 of non-tax levy funds to have an engineer inspect the structural condition of the church.

COMMUNICATION of City Auditor Robert V. Stearns transmitting an amendment to agenda item #9b concerning the Community Preservation Act (CPA).

Motion Petty @ #10d – CC – That City Council does hereby change the meeting time for the June 26, 2018 City Council meeting to 5:30 P.M.

Motion Petty @ #10d CC - That City Council does hereby accepts MGL 44B sections 3 to 7 relative the Community Preservation Act. Further, That Consistent with 7-11 of the Worcester Home Rule Charter, the City Council does hereby place before the voters at the November 6, 2018 state election the following binding question: Shall Worcester accept sections 3 to 7 inclusive of Chapter 44B of the General Laws, as approved by the City Council a summary of which appears below?

Motion Rosen @#10d CC – Request City Manager report what is the Community Preservation Act (CPA) state reimbursement rate.

Motion Rosen @#10d CC – Request City Clerk report the time frame for getting a local ballot petition on a ballot.

Motion Rosen @#10d CC – Request City Clerk report to City Council whether or not the City Council has in the past placed a ballot question on a ballot.

Motion Mero-Carlson @#10d CC – Request City Clerk report what would be the cost for putting a ballot question on a state ballot.

Motion Toomey & Russell @ #10d CC – Request City Manager provide an overview of the CPA that includes a list of what Community Preservation Act (CPA) can and cannot be used to fund. Further, request City Manager ensure the list includes the Conversion of Private Street.

Motion Lukes @ #10d CC – Request City Manager report what is the process for disbursing Community Preservation Act (CPA) funding.

Motion Petty @ #10d CC – Request City Manager report as to where Senate President Chandler’s legislative bill to increase the Community Preservation Act (CPA) rate is in the legislative process.

Motion Petty @ #10d CC – Request City Manager report what city or towns have place the Community Preservation Act (CPA) ballot question on the ballot and which city or town required the initiative petition process.

Motion Lukes @ #10d CC – Request City Manager provide a report that indicates what the Community Preservation Act (CPA) tax could be imposed on taxpayers as a result of the budget just voted.

Motion Bergman @ #10d CC – Request City Manager provide a breakdown as to what are the percentages other cities similar in size to Worcester who have implemented the CPA have disbursed funds within the different types of allowed purposes such as conservation, housing, preservation etc.

Motion King @ #8.13A CM – Request City Manager consider utilizing St John’s sport facilities from middle school students as that program continues to grow.

Motion King @ #8.10A CM – Request City Manager ensure the bicycle safety education program is evenly spread out throughout all the city’s schools.

Motion Mero-Carlson @ #8.16A CM – Request City Manager report what is the maximum number of persons as allowed by the sanitary code to live at 65 Kenwood Ave.

Motion Lukes @ #8.32N CM - Request City Manager report to City Council the city’s strategy in dealing with the impact made by the opioid crisis.