CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 17, 2015

Esther Howland Chamber

Convened: 7:00 P.M.

Reccessed to Executive Session: 9:42 P.M. Reconvened to Open Session from Executive Session to Adjourn: 10:07 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 October 27, 2015.

Mayor Petty recognized the presence of former Mayor and City Councilor Joseph C. O’Brien, as well as students from Clark University.

Mayor Petty read a Proclamation declaring the week of November 14th through the 22nd as National Hunger Awareness Week in the City of Worcester. The Proclamation was presented to Parlee Jones from Abby’s House Inc. and Jean McMurry from the Worcester County Food Bank.

Mayor Petty recognized the following speakers:
1. William Breault, Worcester resident
2. Nikos Tambouratzakis, Worcester resident
3. Annie Parkinson, Holden resident
4. Erik Garcia, PhD., Princeton resident
5. Idella Hazard, Worcester resident
6. Maria Wesolosky, no residence given
7. William S. Coleman, III, Worcester resident
8. Joseph C. O’Brien, Worcester resident
9. Richard Gonzalez, Worcester resident
10. Laura Santosso, Northborough resident
11. Michaela Barbaroux, Worcester resident
12. Hannah Yore, Worcester resident
13. Athena Haddon, Worcester resident
14. Thomas Stopka, PhD., Natick resident
15. Reverend John Griffin, Worcester resident
16. Todd Holland, Worcester resident
17. Fred Baker, PhD., Worcester resident
18. Arianna Setsko, Rutland resident
19. Michelle Smith, Worcester resident
20. Martha Akstin, Paxton resident
21. Kevin Cranston, Boston resident
22. John Carver, Worcester resident
23. Starr Holland, Worcester resident
24. Jo Hart, Worcester resident
25. John Provost, Worcester resident

Lynda Wasilewski request increased street lighting be installed on Boyd St.

Yasmine Shawwaf request trash receptacles be installed on Main St. in the area of Main South.

Councilor Morris A. Bergman on behalf of Tony Bianco request sidewalks be installed and/or completed in front of 10 Nebraska St. and on the Envelope Ter. side of 10 Nebraska St.

Rev. John Griffin request to speak before the City Council on November 17, 2015 regarding a code of conduct being established for the City Council to follow during public speaking time.

Donna Warshaw Executive Director Worcester East Side CDC on behalf of the Guild of St. Agnes request the removal of No Parking along the property line of 336 Hamilton St. and Ernest Ave. and allow parking.

Al Petty request resident permit parking on Congress St. be removed.

Mayor Joseph M. Petty on behalf of Steve Cancelli request to install four-way Stop Signs at the intersection of Dorothy Ave. and Hillcroft Ave.

LIGHTOWER FIBER NETWORKS for conduit location in: HAMILTON ST.

William S. Coleman III request City Council have City Administration establish a licensed animal owner advisory committee to assist city administrators in establishing ordinances and rules regarding pets in our city.

William S. Coleman III request City Council present at the first Council meeting of the month the number of men and women actively serving from Worcester in the United States military and the branches represented from Worcester.

William S. Coleman III request City Council invite community members to present a live or video performance of the Star Spangled Banner to be presented at the City Council meeting and queued by our Communications Office for the last meeting of the month.

Jo Hart request City of Worcester hold an immediate, well publicized public forum/hearing on the ways and means of eliminating vehicular carnage on city streets and sidewalks.

Request City Manager request Commissioner of Public Works and Parks implement perpendicular curb cuts at all new and resurfaced walkways/roadways going forward. Further, request that audible signals (chirpers) be installed at crosswalks and to include progressive sounds or beeps as it gets into the countdown portion of the signal. Further, request that tactile raised arrows be added to all crosswalk signals and to be incorporated as part of all new crosswalk signalization. (Economou)

Request City Manager request Commissioner of Public Works and Parks add fencing to any and all sidewalk reconstruction and road work projects, as well as appropriate signage for crossing/walking, to insure pedestrian safety. (Economou)

Request City Manager repaint traffic signs in downtown Worcester to correctly designate the Major Taylor Boulevard and MLK, Jr. Boulevard where appropriate. (Lukes)

Request City Manager update the City Council concerning the timeframe for demolition of the Castle Park handball court. (Rivera)

Request City Manager convene a public conversation to discuss how newly allocated funding for Castle Hill Park will be expended. (Rivera)

Request City Manager request Commissioner of Public Works and Parks find a way to prevent sanitation trucks from allowing liquid waste to spill onto city streets when the trucks are doing their routine trash pickup. (Rivera)

Request City Manager report on what plans are being formulated to defund Mosaic Cultural Center for failing to comply with state and federal wage laws and other non compliant actions, including inadequate delivery of services pursuant to their participation in the Prevention and Wellness Trust. (Lukes)

Request City Auditor amend his audit of the Prevention and Wellness Trust to report on the compliance/noncompliance of each specific participating entity rather than referring to the participants as a group, often unnamed, which are participating in the Prevention and Wellness Trust. (Lukes)

Request City Manager and City Council separate and remove the needle exchange program from the city's Response to the Opiate Epidemic in order to allow for further discussion as to the effectiveness, cost and implementation of the program. (Lukes)

Edward M. Augustus, Jr., City Manager, request executive session to discuss legal matters pending in court.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Report of the Committee on Traffic and Parking Upon the Petition of Mayor Joseph M. Petty on behalf of John Reed request to install directional signs to the Dennis J. Reed Memorial Field (samples attached) at the intersection of Englewood Avenue and Circuit Avenue: recommend adoption of the accompanying Order.

Amend the Salary Ordinance of August 20, 1996 - Occupational Group P - Foreman & Supervisor (Snow Operations Inspector & Supervisor)

Amend Salary Ordinance of August 20, 1996 - Occupational Group B - General Administrative (Snow Customer Service Representative)

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager recommending approval of a proposed amendment to the Conservation Restriction at Green Hill Park: recommend adoption of the accompanying Order. (Tabled Under Privilege - Gaffney November 10, 2015)

RESOLUTION by Councilor Frederick C. Rushton - That the City Council does hereby support and is in favor of the city’s efforts to address the opiate epidemic as encompassed with the presentation (see attached) brought before City Council by the Department of Public Health and the Health Board. (Tabled Under Privilege - Gaffney November 10, 2015)

RESOLUTION by Councilor Konstantina B. Lukes - That the City Council does hereby urge the Governor, any Federal and State Officials and the MMS/AMA to pursue the prohibition of the advertisement of certain opioid/prescription drugs to consumers/patients. (Tabled Under Privilege - Bergman November 10, 2015)

COMMUNICATION of the City Manager transmitting informational communication relative to a presentation on Worcester's response to the opiate epidemic. (Tabled Under Privilege - Petty November 10, 2015)

ORDER of Councilor Gary Rosen - Request City Manager report to Council concerning what responsibility and authority the city has, and what penalties we can use to require owners of buildings and vacant lots to keep those properties safe, secure, free of overgrowth, litter, dumping, sharps, rodents and homeless encampments, among others. (Tabled Under Privilege - Rosen November 10, 2015)

COMMUNICATION of the City Auditor transmitting communication regarding an audit of the administration of the Prevention and Wellness Trust Fund (PWTF) grant for all eleven organizations receiving funds. (Tabled Under Privilege - Lukes October 27, 2015 and November 10, 2015)

ORDER of Councilor Morris A. Bergman - Request City Manager request the Commissioner of Public Works & Parks report concerning the feasibility of using technology to relay to City residents the timing of snowplowing routes to avoid getting “plowed in”. (Tabled Under Privilege - Bergman November 10, 2015)

ORDER of Councilor Morris A. Bergman - Request City Manager request the City Solicitor to provide City Council with a legal opinion as to authority for any councilor(s) to request items held in committee to be brought forward and whether or not (Worcester Home Rule Charter: Section 2-6 (c)(ii) (Exercise of Powers; Quorum) is/are applicable. (Tabled Under Privilege - Bergman November 10, 2015)

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support of the Administration’s efforts to negotiate the maximum hiring of local residents in Tax Increment Financing agreements and other tools used to attract business and to expand our tax base. (Tabled - O'Brien September 13, 2011)

COMMUNICATION of the City Manager transmitting informational communication relative to Out of State Residents Working on Local Projects and Not Meeting the State's Health Care Mandates. (Tabled Under Privilege - O'Brien August 14, 2012 and Tabled - Lukes September 4, 2012)

COMMUNICATION of the City Manager transmitting communication relative to parking meters at Rockwood Field. (Tabled Under Privilege - Eddy December 10, 2013 and Tabled December 17, 2013)

ORDER of Councilor Konstantina B. Lukes request City Manager request the School Department share in the cost for providing police services during the presidential visit. (Tabled Under Privilege - Lukes June 17, 2014 and Tabled July 22, 2014)

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)

PETITION of Frank Kartheiser et al on behalf of the Worcester Community-Labor Coalition request City Council hold public hearings starting in October on charter change and that at the conclusion of the hearings the Council takes a vote on holding an election to let the voters decide Worcester's future form of government. (Tabled Under Privilege - Lukes August 19, 2014 and Tabled - Petty September 16, 2014)

COMMUNICATION of the City Manager recommending approval of Legislation to Impose a Fine on Motorists that Damage a Bridge that is marked with a Height Restriction. (Tabled - Bergman December 2, 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)

ORDER of Councilor Morris A. Bergman - Request City Manager request the City Solicitor provide City Council with a report concerning the status of the Home Rule Petition draft to aid Joseph Tortorelli as a result of errors made by the city of Worcester in applying tax payments. (Tabled - Bergman September 29, 2015)

Motion Bergman @ #12b CC – Request City Council evaluate the needle exchange program in one year to see if the moratorium should be reinstated. Mayor Petty moved to amend the Order as follows: Request City Manager report to City Council in one year’s time regarding what has transpired concerning the needle exchange program.

Motion Lukes @ #12b CC – Request City Manager provide to City Council updates, as they occur, regarding the development, implementation and site selections for the needle exchange program by the Board of Health.

Motion Lukes @ #12b CC – Request City Manager request City Solicitor provide City Council with a legal opinion as to who has jurisdiction of items between the City Council and the Board of Health.

Motion Toomey @ #12g CC – Request City Manager look into whether or not colleges and universities in the City could create technology regarding relaying information to residents regarding timing of snowplow routes.

Motion Rosen – Suspension of Rules – Request City Manager advertise the leaf pickup program in the city as a six day program, in order to avoid any confusion for residents.

PETITION – Councilor Tony Economou on behalf of Kevin and Nicole Burns request “Dead End” sign be installed in Garrison Ave. at its intersection with Welcome St.

Motion Economou – Suspension of Rules – Request City Manager request Director of Inspectional Services look into the 13 Clason Rd. property.

Motion Palmieri – Suspension of Rules – Request Superintendent of Worcester Public Schools allocate proper funding, whether on the local, state or federal level, for night programs to take place at Worcester Technical High School that would allow adults training in technical fields such as plumbing, electrical or painting.

Motion Palmieri - Suspension of Rules – Request City Manager provide City Council with an update as to the security measures being taken at the U.S. Army’s armory in Worcester.

Motion Economou – Suspension of Rules – Request City Manager request Commissioner of Public Works take measures to ensure work done by contractors is done properly when repaving roads.

Motion Russell – Suspension of Rules – Request City Manager report to City Council regarding concerns of contractors not finishing jobs, working without a time schedule and leaving yards ripped apart.