CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 9, 2017

Esther Howland Chamber

Convened: 7:02 P.M.

Adjourned: 9:56 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Mayor Petty recognized Donna Lombardi, who supervises the nutritional foods that are served at Worcester Public Schools. Mayor Petty also recognized a number of Worcester Public Schools principals, who were honored for their part in the EOS Healthy Start Award Ceremony, which serves breakfast to kids before school. The Principals recognized were Belmont Street Community School’s Susan Hodgkins, Canterbury Street School’s Mary Sealy, Lincoln Street School’s Martha Dewar, Francis J. McGrath Elementary School’s Paula Gibb-Severin, Wawecus Road School’s Joanna Loftus and Woodland Academy’s Patricia Padilla. Mayor Petty also recognized State Senator Harriette Chandler, who also spoke concerning the program and presented the schools with Senate citations from both herself and State Senator Michael Moore. Worcester Public Schools Superintendent Maureen Binienda was also in attendance.

Mayor Petty presented Keys to the City to each of the Thomas S. Green recipients, which included Brian Cummings of Worcester Technical High School, Debra Donahue of the Worcester City Clerk’s Office, Amanda Gregoire of Worcester’s Economic Development Office and Hermes Rivera of the Department of Public Works and Parks.

Mayor Petty presented a Proclamation declaring Saturday, May 13, 2017 as National Association of Letter Carriers Food Drive Day in the City of Worcester. Mayor Petty presented the Proclamation to Norman LaFlash of the United States Post Office.

Mayor Petty presented a Proclamation declaring the week of May 7th to 13th as Children’s Mental Health Week in the City of Worcester. Mayor Petty presented the Proclamation to Dani Walsh.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of April 25, 2017.

Mayor Petty recognized the following speakers:
1. Richard Shea, Worcester resident
2. Ronal Madnick, Worcester resident
3. Joe Kofi, Worcester resident
4. Janice Guzman, Worcester resident
5. Roberto Delgado, Worcester resident
6. Lomita Ocasio, Worcester resident
7. Lenny Cooper, Worcester resident
8. Nicole Dicello, Worcester resident
9. Idella Hazard, Worcester resident
10. Jo Hart, Worcester resident
11. Kathy Hannagan, Worcester resident
12. Mary Sealy, Worcester resident

NATIONAL GRID and VERIZON NEW ENGLAND, INC. for a joint or identical pole location at: ST. PAUL DRIVE Granting permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC. for a joint or identical pole location at: ST. PAUL DRIVE

Philip O'Connell, Jr. on behalf of Somar Investments Properties, LLC request City of Worcester abandon and discontinue its use of a portion of Chino Ave. and Boylston St., public ways, as a portion of a building at 8 and 8A Boylston St. owned by Somar Investments Properties, LLC, encroaches on said Chino Ave. and Boylston St.

Taylor Bearden, Property Manager at Hampton Properties LLC, request sidewalk repair in front of 38 Oberlin St.

Gilbert Izquierdo request installation of a handicap parking space in front of 15 Dorchester St.

Samaris and Sharon Carreras request installation of two handicap parking spaces across from 196 Pilgrim Ave.

Susan Lozoraitis request investigation and remedy of the congested traffic situation at the intersection of Murray Ave. and Chandler St., which is caused by vehicles entering and exiting Murray Ave. onto Chandler St.

William S. Coleman, III request City Council make up the two City Council meetings that were canceled this year, one for a snow day and one for religious observances, during the Summer of 2017.

William S. Coleman, III request Mayor and City Council hold a Massachusetts Cities Summit in September or October 2017, which would invite Mayors and Council Members from Massachusetts cities to talk about their city's challenges and accomplishments, including information in areas of crime, education, jobs, economic development and the state reimbursement funding formula.

William S. Coleman, III request Mayor, City Council and City Administration invite Professor Pamela Weathers of WPI to be recognized for her success in using dried leaves of Artemisia Annua as a malaria therapy.

Recommend adoption of resolutions to accept the City of Worcester Fiscal Year 2018/Program Year 43 Funding Recommendations for U.S. Housing and Urban Development (HUD) Entitlement Programs – Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), HOME Investment Partnership Program (HOME), and Housing Opportunities for Persons with AIDS (HOPWA).

Transmitting informational communication relative to the 2017 Commonwealth of Massachusetts Department of Environmental Protection Public Water System Award.

Transmitting informational communication relative to the Snow Operation Program during the 2016-2017 winter.

Transmitting informational communication relative to a Lakes and Ponds Program status report.

Transmitting informational communication relative to the 2017 Spring Household Hazardous Waste Collection Event scheduled for June 3, 2017 from 9am - 1pm by appointment only at the Millbury Street Drop Off Center, 1065 Millbury Street.

Transmitting informational communication relative to a report on Pawnbrokers in the City of Worcester.

Transmitting informational communication relative to a request for the City Solicitor to draft a home rule petition seeking legislation to regulate executive and legislative lobbying with consideration to M.G.L.’s and modeled after the existing lobbying legislation at the state level, thus allowing for increased transparency and accountability in the governance of the City of Worcester. Further, said home rule petition should subsequently be brought forth to City Council and referred to the Standing Committee on Rules and Legislative Affairs for a public hearing before the City Council considers filing this home rule petition with the General Court.

Transmitting informational communication relative to 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.

Transmitting informational communication relative to a report to City Council concerning the legal definition of an unfunded mandate, all unfunded mandates that are currently funded with public and/or private funds and the consequences for lack of implementation or full funding of any unfunded mandate.

Recommend re-adoption of the Order of Taking for 94 Southgate Street so that it may be recorded in the Registry of Deeds.

Transmitting informational communication relative to all litigation pending and resolved in the past five years, including representation by outside counsel and the direct and indirect costs.

Transmitting informational communication relative to 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.

Transmitting informational communication relative to a Foreclosure Auction, scheduled for May 25, 2017 at 10:30 a.m. in the Levi Lincoln Chamber at City Hall.

Recommend that Two Million Five Hundred Thousand Dollars And No Cents ($2,500,000.00) be transferred from Loan Account #91C7113C, Building Rehab MSBA Nelson Place, and be appropriated to DPW Account #41C780, Nelson Place School, to allow for the current and anticipated payments for the construction of the new Nelson Place School.

Recommend that Three Hundred Ninety Thousand Dollars And No Cents ($390,000.00) be transferred from Loan Account #91C7113H, MSBA Rehab - Flagg Street School, and be appropriated to Account #41C752, Flagg Street School - MSBA, to allow for the reduction of the current deficit.

Recommend that One Hundred Ninety Five Thousand Dollars And No Cents ($195,000.00) be transferred from Loan Account #91C7113I, MSBA Rehab - McGrath School, and be appropriated to Account #41C753, McGrath School - MSBA, to allow for the payment of current and future obligations associated with repairs to the windows and doors at this school.

Recommend that Five Hundred Forty Five Thousand Dollars And No Cents ($545,000.00) be transferred from Loan Account #91C7113J, MSBA Rehab - Grafton St., and be appropriated to DPW Account #41C754, Grafton St. School - MSBA, to allow for the payment of current and future obligations associated with the window and door repairs at this school.

Recommend that Two Hundred Sixty Five Thousand Dollars And No Cents ($265,000.00) be transferred from Loan Account #91C7113K, MSBA Rehab - Jacob Hiatt Magnet, and be appropriated to DPW Account #41C755, Jacob Hiatt School - MSBA, to allow for the payment of current and future obligations associated with the window and door repairs at this school.

Recommend that Seventy Five Thousand Dollars And No Cents ($75,000.00) be transferred from Account #91C7161A, Union Station Rehabilitation, and be appropriated to Account #04C704, Union Station Rehabilitation, to fund current and anticipated capital improvement expenses at Union Station.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account # 91C784, Park Improvements - Coes Knife Playground, and be appropriated to Parks Account # 72C70229, Coes Knife Playground, to allow for current and anticipated contractually obligated payments for the Coes Knife Playground Improvements.

Recommend that One Hundred Seventy Three Thousand Five Hundred Fifty Five Dollars And No Cents ($173,555.00) 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 Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account # 91C737A, Water Meter Replacement, and be appropriated to DPW Account # 45C794, Capital Meter Program.

Recommend that Seventy Five Thousand Dollars And No Cents ($75,000.00) be transferred from Account #91C7110C, Urban Renewal Architects, to Account #04C7110C, Urban Renewal, to cover funds associated to the design, and engineering work for the Urban renewal project.

Recommend that Three Hundred Fifteen Thousand Dollars And No Cents ($315,000.00) be transferred from Loan Account #91C7113L, MSBA Rehab - South High, and be appropriated to DPW Account #41C789, South High Improvement, to allow for current and anticipated payments for the repairs and construction at South High.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of One Thousand Dollars and No Cents ($1,000.00) from Fallon Health to the Worcester Public Library Foundation for the Worcester Public Library 2017 Summer Reading Program.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Hundred and Twelve Thousand Dollars and No Cents ($112,500.00) from the Commonwealth of Massachusetts, Executive Office of Public Safety and Security (MEOPSS), Highway Safety Division (HSD), for the FFY 2017 Sustained Traffic Enforcement Program (STEP).

Recommend adoption of a resolution to accept a donation in the amount of Seven Thousand Five Hundred Dollars and No Cents ($7,500.00) from Saint-Gobain for the Worcester Police Department K9 Program.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Five Hundred Dollars And No Cents ($500.00) from Massachusetts AARP in support of the “Positive Aging Symposium” at the Worcester Senior Center.

Recommend adoption of a resolution to file, accept and expend FY17 grant funds in the amount of Sixty One Thousand One Hundred Forty Nine Dollars and Twenty Nine Cents ($61,149.29) from the Commonwealth's Department of Career Services, for the CMWIB.

Recommend adoption of a resolution to file, accept and expend a grant in the amount up to Forty Thousand Dollars And No Cents ($40,000.00) from the Massachusetts Port Authority (Massport) Community Charitable Giving and Community Relations Program.

Recommend that Sixty One Thousand Eight Hundred Thirty Seven Dollars And No Cents ($61,837.00) be transferred from Sewer Account #440-91000, Salaries, and be appropriated to Sewer Account #440-97201, Overtime, to allow overtime costs to be paid through June 30, 2017.

Recommend that Twenty-Four Thousand One Hundred Ninety One Dollars And No Cents ($24,191.00) be transferred from Account #330-08, Reserve for Appropriation on Loans, to Account #660-92000, Treasurer's Office Ordinary Maintenance.

Recommend that Eighty Eight Thousand Dollars And No Cents ($88,000.00) be transferred from Account #330-54, Reserve Revenue Account, to Account #41C602, Greenwood Street Landfill, for requests by the Quinsigamond Improvement Advisory Committee.

Recommend that Nine Hundred Fifty Three Thousand Three Hundred Twenty Six Dollars And No Cents ($953,326.00) be transferred as follows so as to provide sufficient operations funding for the Off-Street Program for the Fourth Quarter of Fiscal Year 2017.

Recommend the transfer of Seventeen Thousand Dollars and No Cents ($17,000.00) from Account #900-92000, Contingency Ordinary Maintenance, to Account #150-92000, Elections-Ordinary Maintenance, to cover costs associated with the 2017 Inactive Confirmation mailing.

Recommend that Two Hundred Fifteen Thousand Dollars And No Cents ($215,000.00) in CDBG program income be appropriated, when and as received, to various CDBG accounts.

Recommend adoption of the Fiscal Year 2018 Budget submission as identified in the line item budget.

Joseph M. Petty, Mayor, transmitting a communication regarding changes to the 2017 City Council Meeting Schedule.

REPORT OF THE PLANNING BOARD Upon the Petition of Stephen Madaus, Attorney for 207 Greenwood Street LLC request to change the zoning designation of a portion of the property located at 207 Greenwood St. from RL-7 to ML-0.5

REPORT OF THE PLANNING BOARD Upon the Petition of Stephen Madaus, Attorney for Agrand Realty LLC request to change the zoning designation of a portion of property located at 241 Greenwood St., also known as 1 Agrand St. from RS-7 to ML-0.5

REPORT OF THE PLANNING BOARD Upon the Petition of Tony Nguyen of Goldstar Builders Inc. request to remove a portion of Benoit St., a private way from the Official Map.

Amending Section 2, Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a zone change in the vicinity of 128 Chandler St.

Amending Chapter 7, Section 16 of the Revised Ordinances of 2008 relative to Water Rates Use Charges (FY 2018) Amending Chapter 5, Section 26 of the Revised Ordinances of 2008 relative to Sewer User Charges (FY 2018)

RESOLUTION of Councilor Khrystian E. King, Mayor Joseph M. Petty, Councilor Sarai Rivera, Councilor Candy Mero-Carlson, Councilor Kathleen M. Toomey, and Councilor George J. Russell - That City Council does hereby support legislation (H.2365 and S.1004) to create a statewide $15 per hour minimum wage for all workers in Massachusetts culminating in 2021. (Tabled Under Privilege - Lukes May 2, 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)

ORDER of Councilor Morris A. Bergman and Councilor Candy Mero-Carlson - Request City Manager review the legality of changes in this year’s tax classification from residential to commercial of several assisted living facilities and, if correct, review the options for making these dramatically increased tax payments, without penalties. (Tabled Under Privilege - Mero-Carlson April 4, 2017 and Tabled Under Privilege - Bergman April 25, 2017 and Tabled - Bergman May 2, 2017)

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with a report concerning all the opportunities for job training the City provides to those looking for higher paying jobs. – Item #19a Order adopted

ORDER of Councilor Tony Economou – Request City Manager look at what the budgetary impact would be if the City were to eliminate the recycling program. – Item #19b Order adopted

ORDER of Councilor Gary Rosen – Request City Manager provide City Council with a report concerning the statistics of people who put out their rubbish one or two days early, including information regarding times the City has spoken with the property owners who have done this and what the fines are when this occurs. – Item #19c Order adopted

ORDER of Councilor Tony Economou – Request City Manager consider using the salt shed locations in the City as alternative locations for trash and recycling drop off. – Item #19d Order adopted

PETITION of Councilor Tony Economou on behalf of Keith MacNeil request sidewalk repair in front of 3 Woods Ave. – Item #19e Referred to Public Works Committee

ORDER of Councilor Tony Economou – Request City Manager pick up litter along Burncoat St. Extension from Mountain St. East to Matteo St. – Item #19f Order adopted

PETITION of Councilor Tony Economou on behalf of the residents of Grove St. Terrace request Grove St. Terrace be resurfaced. – Item #19g Order adopted

ORDER of Kathleen M. Toomey – Request City Manager request Commissioner of Public Works and Parks reset the water shut off gate in the vicinity of 71 Darrell Rd. – Item #19h Order adopted

ORDER of Councilor Kathleen M. Toomey and Councilor George J. Russell – Request City Manager request Commissioner of Public Works and Parks install safety gates at the playground of Vernon Hill School. – Item #19i Order adopted

PETITION of Councilor Kathleen M. Toomey and Councilor George J. Russell request installation of solar pedestrian flashing lights at the crosswalk and bus stop located at the Vernon Hill School Playground. – Item #19j Referred to Traffic and Parking Committee

PETITION of Councilor Kathleen M. Toomey and Councilor George J. Russell request speed enforcement in the vicinity of Vernon Hill School. – Item #19k Referred to Traffic and Parking Committee

ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with a report concerning all the youth programs that will be provided this summer. – Item #19l Order adopted

Motion Gaffney @ #9.5B CM – Request City Manager provide City Council with a report concerning the dates of the twenty-four sanding and salting events that took place during snow operations.

Motion Rosen @ #9.6A CM – Request City Manager provide City Council with a report regarding plans to make Hillside Beach safe in the future.

Motion Lukes @ #9.10A CM – Request City Manager request City Solicitor provide City Council with an ordinance to limit the number of pawnbrokers that can be licensed in the City.

Motion Rivera – Suspension of Rules – Request City Manager consider beginning the Summer Impact program in the Main South area sooner than the projected June 28, 2017 date.

Motion Rivera – Suspension of Rules – Request City Manager work to clean up the pond in the University Park (Crystal Park). Further, request City Manager ensure the lights at University Park (Crystal Park) are turned on.

Motion King – Suspension of Rules – Request City Manager advocate for delaying the implementation of phasing out the closing of thirteen psychiatric beds at UMass Memorial Medical Center n light of the Department of Public Health rejecting their access plan for a second time.

Motion Mero-Carlson – Suspension of Rules – Request City Manager provide City Council with a report concerning injuries sustained on Green St. due to poor paving.