CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 26, 2018

Esther Howland Chamber

Convened: 5:42 P.M.

Adjourned: 8:59 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 June 12, 2018.

Mayor Petty recognized the following speakers:
1. Idella Hazard, Worcester resident, spoke in favor of #7a CC - #7f CC
2. Reverend Clyde Tally, Worcester resident, spoke in favor of #7a CC - #7f CC
3. Stefanie Covino, Worcester resident, spoke in favor of #7a CC - #7f CC
4. Etel Haxhiaj, Worcester resident, spoke in favor of #7a CC - #7f CC
5. Frank Callahan, Worcester resident, spoke in favor of #7a CC - #7f CC
6. Deborah Packard, Worcester resident, spoke in favor of #7a CC - #7f CC
7. Timothy Corrinet, Worcester resident, spoke in favor of #7a CC - #7f CC
8. Michelle Roberts, Holden resident, spoke in favor of #7a CC - #7f CC
9. Ted Conna, Worcester resident, spoke in favor of #15a CC and #15b CC
10. Dale Wickenheiser, Worcester resident, spoke in favor of #15a CC and #15b CC
11. Stephen Donahue, Worcester resident, spoke in favor of #15a CC and #15b CC
12. Dottie Hargrove, Worcester resident, spoke in favor of #7a CC - #7f CC

Hearing: CHARTER COMMUNICATIONS for a conduit location at: SUMMER ST. Granting permission to CHARTER COMMUNICATIONS for a conduit location at: SUMMER ST.

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

COMMUNICATION of the City Manager 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.

COMMUNICATION of the 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.

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

COMMUNICATION of City Auditor Robert V. Stearns transmitting an amendment to communication concerning the Community Preservation Act (CPA), #9b on the June 19, 2018 City Council agenda.

ORDER of Mayor Joseph M. Petty - 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?

COMMUNICATION of the City Manager transmitting informational communication relative to the City Manager's Fiscal Year 2018 Accomplishments.

Laurie Bowater request sidewalk and driveway repair in front of 85 Commodore Rd.

M.J. Fors request sidewalk repair in the vicinity of 21 Knowles Rd.

Nicole DiCello request the fall leaf/yard waste pick up dates be reviewed for the purpose of starting the leaf collection later in the season.

Melissa Madera request the resident permit parking sign pole at 89 East Central St. be moved closer to the driveway.

Stephen Quist request City Council vote up or down to place on the November 6, 2018 ballot a question to create a Charter Review Committee.

Randy Feldman request City Council establish a process to address decisions concerning accepting and/or developing the Notre Dame des Candiens Church building during their summer recess.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Commissioner of Public Works and Parks discern whether there are illegal parking markings in the vicinity of Chestnut St. at its intersection with Cedar St.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief provide increased traffic enforcement of illegally parked vehicles on Roxbury St. between William St. and Highland St.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief provide increased speed enforcement in the vicinity of Clover St.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager provide City Council with a report concerning the results of a traffic study in the vicinity of 566-574 Chandler St.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief provide increased traffic enforcement in the vicinity of 566-574 Chandler St.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief install a radar station in the vicinity of 566-574 Chandler St.

STREET BETTERMENT ASSESSMENTS: WEST CHESTER ST

STREET BETTERMENT ASSESSMENTS: WILLOW STREET

STREET BETTERMENT ASSESSMENTS: BARRETT STREET

Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to information about the Community Preservation Act (CPA).

Robert V. Stearns, City Auditor, transmitting Amendment #2 regarding the report on Community Preservation Act (CPA) surcharge and state matching funds.

Susan M. Ledoux, City Clerk, transmitting report regarding the process of placing the Community Preservation Act question on the ballot and the cost associated with it.

Susan M. Ledoux, City Clerk, transmitting report regarding whether or not the City Council has placed a ballot question on a ballot.

Timothy J. McGourthy, Executive Director of the Worcester Regional Research Bureau, transmitting, "Bureau Brief - Community Preservation Act."

Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to the appointment of Gabriel Rollins to the Worcester Arts Council.

Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to a report providing the cost for mothballing Notre Dame des Canadiens over a ten year period.

Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to a report clarifying whether a developer, who had expressed interest in purchasing Notre Dame des Canadiens, was denied entrance to the building.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Tomas Rivera request installation of a handicap parking space in front of 22 Bowdoin St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jennifer Lamptey request installation of a handicap parking space in the vicinity of 33 Beacon St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Matthew Bombaci, P.E. of Bohler Engineering request a "No Parking" area be designated in front of 90 Barber Ave.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Chairman's Order from Public Works Committee - Request the Standing Committee on Traffic and Parking amend the winter parking ban on Stearns St. from “No Parking on Even Side when Declared” to “No Parking on Odd Side when Declared”: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Gary Rosen request installation of stop signs at the intersection of Montello St. and Clover St., making that intersection a four-way stop and/or at the intersection of Clover St. and Pine View Ave.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Gerardo Schiano request installation of a stop sign at the intersection of Aroostook Rd. and Cumberland St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Candy Mero-Carlson request the One Hour Parking on Draper St. be changed to Two Hour Parking 8:00 AM to 7:00 PM.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou request speed enforcement at bend of Sunnyhill Dr: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou on behalf of the Saxon Hill Crime Watch Group request speed enforcement in Richmond Ave. in the vicinity of Greenbriar Ln.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Matthew E. Wally request enforcement of parking regulations within the Columbus Park Rotary: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Suzanne O'Brien request installation of traffic and radar speed indicators in the vicinity of 143 Clover St. : recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Suzanne O'Brien request the Worcester Police Department conduct monthly speed enforcement around 143 Clover St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Gary Rosen request increased traffic enforcement on Olean St. because of the high number of drivers speeding: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera request installation of a crosswalk at the corner of Southgate St. and Walpole St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of David Baccus request installation of No Parking signage on the light pole between the two driveways of #4 and #8 Allen St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Tony Toscano request installation of No Parking area near stop sign at the end of Wachusett St. at Highland St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Marisol Deleon et al request Eastern Ave. be made a one way street, flowing from Belmont St. towards Elliot St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Robin Laterdress request installation of resident permit parking in Fay St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera on behalf of Linda George request installation of resident permit parking in Piedmont St. from Austin St. to Pleasant St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Morris A. Bergman on behalf of Arlene Martin request removal of one side of the winter parking ban on Radmore St., between Brantwood Rd. and Dellwood Rd.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera request installation of four-way stop signs at the intersection of Southgate St. and Janice Nadeau Way.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Gary Rosen request installation of reduced speed limit signs on Clover St., as well as increased traffic enforcement by the Worcester Police Department.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor George J. Russell on behalf of Imperial Distributors of 150 Blackstone River Rd. request installation of a crosswalk at the bus stop in the vicinity of 150 Blackstone River Rd.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera on behalf of Lorraine Laurie and the Green Island Crime Watch Group request installation of a crosswalk in Millbury St. near Seymour St. for the safety of children going to Crompton Park: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou on behalf of the residents in the Saxon Rd. area request children advisory signage in Greenbriar Lane on Pole #2, in the interest of public safety: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou on behalf of the residents in the Saxon Rd. area request children advisory signage in Vassar St. in the vicinity of #2 and #104 Vassar St., in the interest of public safety: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera on behalf of Lorraine Laurie request installation of children advisory signage in Vernon St. at Pattison St., in the interest of public safety for students at after school programs: recommend Petition be placed on file.

Amending Article IV of the Worcester Zoning Ordinance adopted April 2, 1991, relative to Adult Use Marijuana.

PETITION of 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. (Tabled Under Privilege - Lukes June 19, 2018)

PETITION of 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. (Tabled Under Privilege - Lukes June 19, 2018)

COMMUNICATION of the City Manager 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. (Tabled Under Privilege - Lukes June 19, 2018)

COMMUNICATION of the City Manager 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. (Tabled Under Privilege - Lukes June 19, 2018)

ORDER of Councilor Gary Rosen and Councilor Philip P. Palmieri - Request City Manager inform City Council as to whether he and other representatives from the city intend to meet with the owners of the Pawtucket Red Sox to see if they have any interest in relocating to Worcester. (Tabled - Gaffney September 29, 2015 and Tabled - Rosen December 19, 2017)

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

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

ORDER of Councilor Konstantina B. Lukes - 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. – Item #12a Order adopted

COMMUNICATION of City Auditor Robert V. Stearns transmitting an update amendment to agenda item #9b concerning the Community Preservation Act (CPA). – Item #12b Tabled Under Privilege and First Item of Business June 26, 2018

ORDER of Mayor Joseph M. Petty – That City Council does hereby change the meeting time for the June 26, 2018 City Council meeting to 5:30 P.M. – Item #12c Order adopted.

ORDER of Mayor Joseph M. Petty - “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?” (see attachment) – Item #12d Tabled Under Privilege and First Item of Business June 26, 2018

ORDER of Councilor Gary Rosen – Request City Manager report what is the Community Preservation Act (CPA) state reimbursement rate. – Item #12e Order adopted

ORDER of Councilor Gary Rosen – Request City Clerk report the time frame for getting a local ballot petition on a ballot. – Item #12f Order adopted

ORDER of Councilor Gary Rosen – Request City Clerk report to City Council whether or not the City Council has in the past placed a ballot question on a ballot. – Item #12g Order adopted

ORDER of Councilor Candy Mero-Carlson – Request City Clerk report what would be the cost for putting a ballot question on a state ballot. – Item #12h Order adopted

ORDER of Councilors Kathleeen M. Toomey & George J. Russell – 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 Streets. – Item #12i Order adopted

ORDER of Councilor Konstantina B. Lukes Request City Manager report what is the process for disbursing Community Preservation Act (CPA) funding. – Item #12j Order adopted

ORDER of Mayor Joseph M. Petty – 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. – Item #12k Order adopted

ORDER of Mayor Joseph M. Petty – Request City Manager report what cities or towns have placed the Community Preservation Act (CPA) ballot question on a ballot and which cities or town required a local ballot petition process. – Item #12l Order adopted

ORDER of Councilor Konstantina B. Lukes - 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. – Item #12m Order adopted

ORDER of Councilor Morris A. Bergman – 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. – Item #12n Order adopted

ORDER of Councilor Khrystian E. King – Request City Manager consider utilizing St John’s sport facilities from middle school students as that program continues to grow. – Item #12o Order adopted

ORDER of Councilor Khrystian E. King – Request City Manager ensure the bicycle safety education program is evenly spread out throughout all the city’s schools. – Item #12p Order adopted

ORDER of Councilor Candy Mero-Carlson – Request City Manager report what is the maximum number of persons as allowed by the sanitary code to live at 65 Kenwood Ave. – Item #12q Order adopted

ORDER of Councilor Konstantina B. Lukes - Request City Manager report to City Council the city’s strategy in dealing with the impact made by the opioid crisis. – Item #12r Order adopted