CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 30, 2017

Esther Howland Chamber

Convened: 7:21 P.M.

Adjourned: 8:21 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 May 9, 2017.

Mayor Petty recognized the following speaker:
1. Idella Hazard, Worcester resident

ELECTION - Daniel M. Margolis was elected to fill one vacancy for an unexpired term ending on December 31, 2019.

CHARTER COMMUNICATIONS for a conduit, manhole and vault location at: CEDAR STREET Granting permission to CHARTER COMMUNICATIONS for a conduit, manhole and vault location at: CEDAR STREET

CHARTER COMMUNICATIONS for a conduit location at: 248 PARK AVENUE Granting permission to CHARTER COMMUNICATIONS for a conduit location at: 248 PARK AVENUE

CHARTER COMMUNICATIONS for a conduit location at: MAPLE STREET Granting Permission to CHARTER COMMUNICATIONS for a conduit location at: MAPLE STREET

EVERSOURCE for a gas main at: MUSKEEGO ST./NEBRASKA ST. Granting permission to EVERSOURCE for a gas main at: MUSKEEGO ST./NEBRASKA ST.

Mark L. Donahue, Esq. request discontinuance from that certain Sidewalk Easement Agreement dated April 11, 2007 recorded at the Worcester District Registry of Deeds in Book 41048, Page 8, relative to certain land currently owned by Front Street Associates, LLC at 100 Front St., that portion of the Sidewalk Easement shown on the plan entitled "Easement Modification Mercantile Center 100 Front Street prepared for Front Street Associates, Inc." prepared by Nitsch Engineering dated May 23, 2017, said Sidewalk Area Easement to be discontinued consisting of approximately 1,026 square feet.

Kevin Bushe request discontinuance and removal of a portion of the area known as Gould Hill Rd. as a private street as shown in the attached plan.

Nihad Kokaz request sidewalk repair in front of 10 East Kendall St.

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.

Gareld Emerson request crosswalk stings be conducted on the streets located off Belmont St, including Hooper St., Elizabeth St., Eastern Ave. and Rodney St.

Gareld Emerson request investigation of the traffic lights and crosswalk signals at the intersection of Major Taylor Blvd. and MLK, Jr. Blvd.

Aroldo Ferreira request installation of a handicap parking space in front of Central Massachusetts Recovery Learning Community, located at 209 Shrewsbury St.

Barbara Engwall request removal of two "Go Slow, Deaf Child" signs between 41 and 46 N. Circuit Ave.

NATIONAL GRID for conduit location on: CHANDLER ST./BELLEVUE ST.

William S. Coleman, III request City Council publicly recognize the community groups working to bring Worcester residents, visitors and guests together in an effort to make Worcester a world class city.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request the City Assessor provide City Council with a report showing the average value and type of property for an average tax bill in Worcester and compared it to its surrounding communities.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request the City Assessor provide City Council with a report showing the dollar amount of what is left of the city’s tax base when all tax exempt properties are excluded.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager consider implementing a plan to the send letters to all tax exempt properties showing what their tax bill could be and request a pilot payment. Further, request the City Manager consider showcasing the tax exempt properties who do make pilot payments.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager provide to City Council with a report entitle “Economic Impact of Non Profits: Worcester MA” from 2015 so it may be used to assist it future discussions regarding the Mayor’s Tax Policy Communication.

Request City Manager report to City Council concerning the feasibility of applying a sealcoat to streets that are in fair to good condition to seal them from the effects of weathering and to extend their service life. (Rosen)

Request City Manager report to the City Council concerning the progress being made, if any, in finding a developer for the large portion of the Senior Center facility that remains closed and unfit for use due to being in poor condition. (Rosen)

Request City Manager request Commissioner of Public Works and Parks remove the dead trees that were planted at 50 Eunice Ave. and further request new trees be planted in their place. (Economou)

Request City Manager work with the Superintendent of Public Schools to reestablish a citywide Middle School Youth Sports program beginning in the 2017-2018 academic year, which would allow boys and girls to participate in seasonal sports including cross country, track and field, volleyball, basketball, soccer, field hockey, lacrosse and crew. (King)

Timothy McGourthy, Executive Director of the Worcester Regional Research Bureau, transmitting, “A Research Bureau Policy Alternative: Tax Rates.”

Edward M. Augustus, Jr., City Manager, transmitting a communication relative to the successes of the Workforce Investment Board and the Workforce Central Career Center.

Edward M. Augustus, Jr., City Manager, transmitting a communication relative to Streetlight Savings associated with the LED conversion program.

Edward M. Augustus, Jr., City Manager, transmitting a communication relative to the successes of the Intergovernmental Affairs and Municipal Initiatives position of the City Manager's office.

Edward M. Augustus, Jr., City Manager, transmitting a report concerning two inquiries from the FY 18 Budget Hearing.

Edward M. Augustus, Jr., City Manager, transmitting a communication regarding the Health Insurance Budget and Health Insurance Trust Fund (Internal Service Fund).

Edward M. Augustus, Jr., City Manager, transmitting a communication relative to an estimated assessor's recap comparing the proposed FY18 tax levy with the current real estate assessments and the FY 17 assessed values.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of Mayor Joseph M. Petty transmitting "A Report of the Discussions of the Mayor's Tax Policy Committee"; recommend to refer to the Standing Committee on Municipal Operations the portions of the Mayor’s Tax Policy Communication relating to the following: 1.) Commonwealth Compensation for the Provision of Regional Social Services; 2.) Chapter 70 Funding Reform; 3.) State Pilot Payments; 4.) Expanding Local Pilot Program; 5.) Tax Relief Programs; 6.) Consolidation; 7.) Creating a Penny Sales Tax and; 8.) Moving Multi-Unit Housing from Residential to Commercial Tax Rate.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Albert San request installation of handicap parking space across from 14 Crown St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Sandra Brown request installation of handicap parking space in front of Worcester Comprehensive Education & Care at 160 Tacoma St: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Report of the Committee on Traffic and Parking Upon the Petition of Jacob Santiago request installation of a handicap parking space in front of 19 Seymour St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Angela and Matthew Tivnan request installation of resident permit parking in Candlewood St., both sides, from Chicopee St. to the Dead End.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Giovanni Brignola request installation of resident permit parking on Waite St., from Shrewsbury St. to Chilmark St.: recommend passage of the accompanying proposed Ordinance to install resident permit parking on the east side of the street from Wilson St. south 161 feet.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Benjamin Adjei request installation of "No Parking Anytime" restriction in Cutler St., west side, from Dorchester St. to a point 170" north of Dorchester St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Robert and Karen Kett request the removal of the stop sign at Moreland Green Dr. and Ledgewood Ln.: recommend passage of the accompanying proposed Ordinance.

COMMUNICATION of the City Manager transmitting informational communication regarding Tax Increment Financing (TIF) Plan recipients that have been in noncompliance with the terms of their TIF Agreements in the past five years. (Tabled Under Privilege - Lukes May 23, 2017)

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to an update to the long term financial plan of the City: recommend adoption of the accompanying Order to update the City's long term financial integrity and school investment plan and passage of the accompanying proposed Ordinance establishing the Other Post -Employment Benefits Liability Trust Fund. (Tabled Under Privilege - Lukes May 23, 2017)

ORDER of Councilor Konstantina B, Lukes - Request City Manager proceed with an order filed in 2009 and again in 2010 asking for an ordinance banning plastic bags by retailers and grocery stores. (Tabled Under Privilege - Lukes May 23, 2017)

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager recommending 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): recommend adoption of the four (4) accompanying Resolutions. (Tabled Under Privilege - Gaffney May 23, 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)

COMMUNICATION of the City Manager 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. (Tabled - Lukes May 9. 2017)

HEARING: 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 (Tabled - Bergman May 23, 2017)

ORDER of Councilor Michael T. Gaffney - Request City Council, in Accordance with City Council Rule 52, to discharge from the Standing Committee on Public Safety the item referred to said committee on September 6, 2016 relative to a Communication of the City Manager transmitting communication regarding a draft ordinance relative to the smoking or consumption of marijuana or other drug in public, similar to the City Ordinance concerning drinking in public. (Tabled - Bergman May 23, 2017)

ORDER of Councilor Konstantina B. Lukes – Request City Manager request City Solicitor provide City Council with a report concerning designating the area between Park Ave. and Newton Square a historic district to use as a vehicle to address the issue of property owners circumventing existing zoning ordinances. – Item #20a Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager work with DCU Center staff to address issue of concertgoers smoking inside the venue. – Item #20b Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Auditor provide City Council with a report concerning free cash. – Item #20c Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning all new, one time projects and their costs. – Item #20d Order adopted

ORDER of Councilor George J. Russell – That City Council does hereby request a review of the Zoning Ordinance Table of Uses to add where the sale of recreational marijuana will be allowed. – Item #20e Referred to Planning Board

ORDER of Councilor Kathleen M. Toomey – Request City Manager request City Solicitor provide City Council with a draft ordinance regarding putting a temporary ban on the sale of recreational marijuana. – Item #20f Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager request City Solicitor provide City Council with an update as to the current legal status of any state-wide ban, as well as any local bans, dealing with the elimination of plastic trash bags. – Item #20g Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager consider providing alcohol free zones at public events where alcohol is being served. – Item #20h Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with an update concerning ATV’s and off-road vehicles driving in the city. – Item #20i Order adopted

PETITION of Councilor Tony Economou request installation of a four-way stop sign at the intersection of Bay State Rd., Squantum St. and Brighton Rd. – Item #20j Referred to Traffic and Parking Committee

ORDER of Councilor Tony Economou – Request City Manager provide City Council with an update regarding the timeline for the completion of work taking place at Morgan Park. – Item #20k Order adopted

PETITION of Councilor Candy Mero-Carlson request Perkins St. be resurfaced. – Item #20l Referred to Public Works Committee

RESOLUTION of Councilor Khyrstian E. King – That City Council does hereby recognize and honor Tyrone “Diago” McClain, founder and CEO of Worcester’ Pay It Forward program, for being recognized by the Greater Worcester Community Foundation as Worcester’s Nonprofit Leader of the Year. – Item #20m Resolution adopted

Motion Lukes @ #11a CC – Request City Manager request the Executive Director of the Worcester Regional Research Bureau provide City Council with a report concerning the demographics of who will be living in the City of Worcester in ten years, what kind of housing needs will be required and what kind of job needs are going to be required. Further, request City Manager request the Director of the Worcester Regional Research Bureau provide City Council with a report concerning why the City should move to a single tax rate.

Motion Russell @ #11a CC – Request City Manager provide City Council with a report concerning the benefits and drawbacks for moving the City to a single tax rate, including in said report information concerning how demographics, housing needs and job requirements over the next ten years might have an effect on doing such a thing.

Motion Lukes @ #14a CC – Request City Manager provide City Council with a report concerning any changes or progress made in relation to dealing with non-compliant TIF recipients and what each recipient’s response has been.

Motion Petty @ #14a CC – Request City Manager provide City Council with a report concerning what other cities and towns do when their TIF recipients are not in compliance with their agreements.