CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 15, 2016

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 8:31 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Mayor Petty recognized the presence of the youth group, Worcester Chapter Order of DeMolay, in the audience.

Mayor Petty moved to Suspend the Rules to recognize Councilor Bergman who wanted to make note that today, on the anniversary of the death of Esther Howland for which this Chamber was named, now has on display, above her plaque, two Valentines which are beautiful examples of her work. The Valentines were purchased and donated to the City of Worcester by Councilor Bergman.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of February 23, 2016.

Mayor Petty recognized the following speakers: 1. William Clifford, Worcester resident 2. Barbara Clifford, Worcester resident 3. Evan Corrigan, Worcester resident 4. Idella Hazard, Worcester resident 5. Jo Hart, Worcester resident

Erin Abbott request a new or relocation of catch basin on Ockway St.

Paul Zilioli request abatement of street betterment assessment #25371 in the amount of $9,568.24 for Pineland Ave.

Councilor Sarai Rivera request installation of a yellow blinking pedestrian light in Pleasant St. at the corner of Fruit St.

Councilor Morris A. Bergman request the installation of an audible crossing device and crosswalk at 228 Providence St.

Attorney Mark Borenstein on behalf of the Oasis at Dodge Park LLC request installation of directional signage in various locations as enclosed.

NATIONAL GRID for conduit location on: WEST BOYLSTON ST.

William S. Coleman III request City Council have City Administration encourage citizens to properly discard expired food as they begin Spring cleaning in their homes.

William S. Coleman III request City Council and City Administration welcome the clean-up efforts of our citizens as they welcome Spring to our City.

Request City Manager request the City Solicitor provide City Council with an opinion as to regulating non-profit social service agency day uses in a proposed Dover Exclusion Home Rule Petition. (Bergman, Economou)

Request City Manager update the council on the status of drafting several budget proposals at differing tax levels. (Gaffney)

Request City Manager request the City Assessor provide a report from listing the commercial or industrial properties for the past three years that: a) have been converted from commercial or industrial to residential or apartments; and b) have been converted from commercial or industrial to non-profit. Further, Said report to outline in spreadsheet format: a) the assessed value of the property as a commercial or industrial property; b) the tax levy of the property as a commercial or industrial property; c) the assessed value of the property in the converted form; d) the tax levy of the property in the converted form; e) The percentage change in tax levy from commercial or industrial tax classification to the converted form; and f) the total change in revenue on said properties resulting from the conversion. (Gaffney)

Request City Manager report on the process of transforming the City's OPEB fund into an irrevocable trust. (Lukes)

Request City Manager request the Police Chief provide school bus enforcement in the vicinity of Barrett Ave and West Chester St. (Economou)

Request City Manager request the Police Chief to install speed enforcement in Chester St. in the vicinity of Bjorklund Ave. (Economou)

Request City Manager consider appointing an Ad-Hoc Committee for the purpose of establishing uniformity by recommending shade tree regulations in regards to removal, replacing, (re-) planting when a street’s tree scape is impacted by DPW/DOT activities. (Bergman)

Request City Manager request the Commissioner of Public Works and Parks consider the use of and budgeting for portable rubber speed bumps on a pilot program basis for certain streets in the City where other methods of reducing vehicle speed has not proven successful. (Bergman)

Request the City Manager request the Commissioner of Public Works and Parks review all “Entering Worcester” locations to ensure signage exists recognizing same. (Bergman)

That the Worcester City Council does hereby recognize the contributions of all city employees from every department who work every day to keep our city functioning and moving forward. (Mero-Carlson)

ORDER of Councilor Michael T. Gaffney - Request City Manager provide a list of any Worcester Public Health Division employees listed on the "EM" schedule of the salary ordinance that are not residing in the City of Worcester. (Tabled Under Privilege - Rivera March 8, 2016)

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)

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)

PETITION of Todd Holland request the City Council Calendar available on the City Government web site provide the following: 1) Under description a full and accurate synopsis be placed to properly inform all citizens of the true & accurate purpose of said meeting. 2) Under the Heading of "More Information" a link is provided to available agenda and purpose of meeting. 3) All meeting minutes be available on line in a timely manor and to include accurate details on presenters, attendees and attachments of any proposed plans. 4) A more efficient format making it easier to navigate using a graphical user interface friendly to people who lack full computer literacy. (Tabled - Economou January 12, 2016)

PETITION of Todd Holland request all City of Worcester agendas include the name of the specific person(s) or department presenting on each item in a given agenda. (Tabled - Economou January 12, 2016)

COMMUNICATION of the City Manager transmitting informational communication relative to a presentation on the Gun Buyback Program. (Held as First Item of Business - Gaffney January 26, 2016) (Tabled - Petty February 2, 2016)

Councilor Michael T. Gaffney will present proposals regarding the budget. (Tabled - Gaffney February 2, 2016)

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) (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)

ORDER of Councilor George J. Russell @ #9s CC - Request City Manager provide City Council with a report regarding House Bills #2870 and #2871 relative to gas leaks and its impact to the Department of Public Works operations and construction permitting. - Item #20a Order adopted

ORDER of Councilor Konstantina B. Lukes @ #9s CC - Request City Manager provide City Council with an update concerning the Public Shade Tree Trust. - Item #20b Order adopted

ORDER of Councilor Gary Rosen @ #8.4B CM – Request City Manager add the Coes Pond project to the Economic Development Quarterly Report. - Item #20c Order adopted

ORDER of Councilor Konstantina B. Lukes @ #8.4B CM – Request City Manager provide City Council with a list of new businesses from November 2015 to the next quarterly economic development report to see how true the split tax rate is discouraging businesses. - Item #20d Order adopted

ORDER of Mayor Joseph M. Petty and Councilor Tony Economou @ #8.4B CM – Request City Manager include TIF’s, State and Grant funding for development in the Economic Development Quarterly Report. Further, request City Manager include the number of new jobs created. - Item #20ed Order adopted

ORDER of Councilor Tony Economou @ #8.4B CM – Request City Manager add topics as he sees fit to the Economic Development Quarterly Report. - Item #20f Order adopted

ORDER of Councilor Konstantina B. Lukes @ #8a CC – Request City Auditor provide City Council with a recommendation as to transferring retirement monies and responsibilities to PERAC and include the Retirement Board’s reaction, economic consequences, the impact to the City Auditor’s department and the impact to the city’s budget regarding the retirement funds allocations. - Item #20g Order adopted

ORDER of Councilor Kathleen M. Toomey @ #8a CC – Request City Auditor report whether or not there are any other options available other than PERAC that may be more beneficial regarding retirement investments. - Item #20h Order adopted

ORDER of Councilor Konstantina B. Lukes @ #10.3A CM – Request City Manager request the Chief Financial Officer provide a brief explanation as to how fringe benefits such as retirement and health insurance for employees as well as the retirement fund’s return of investment impact the city’s budget. . - Item #20i Order adopted

ORDER of Councilor Kathleen M. Toomey @ #10.36B CM - Request City Manager report if providers of Suboxone prescriptions are paid with cash and able to use the federal banking system. - Item #20j Order adopted

ORDER of Councilor George J. Russell @ #10.36B CM – Request City Manager report how the 300 foot required distance from a marijuana dispensary to a residential zone is applied, is it to the building or the lot line of the dispensary? - Item #20k Order adopted

ORDER of Councilor Gary Rosen @ #12g CC – Request City Manager provide City Council with an update regarding the use of see through plastic bags for trash pickup. - Item #20l Order adopted

ORDER of Mayor Joseph M. Petty @ #12g CC – Request City Manager consider opening the drop-off centers early given the warm weather. - Item #20m Order adopted

Motion Toomey @ #10n CC - Request City Manager consider placing on the city’s web site and local television the slideshow with the audio of Dr. Hirsch’s presentation regarding the Gun Buyback Program.

Motion Petty @ #7c CC – Request City Manager provide a list of the non-profit agencies who keep their properties on the tax rolls.

Motion Toomey @ #7d CC – Request City Manager contact the MMA for a response regarding transforming an OPEB fund into an irrevocable trust.

Mayor Petty moved to accept a Communication from the City Clerk as it was not reasonably anticipated before the posting of the agenda. Mayor Petty moved to Suspend the Rules to consider the communication. The Rules were suspended on a roll call vote of 11 yeas and 0 nays. COMMUNICATION of David J. Rushford, City Clerk, transmitting to City Council his resignation and further, transmitting his recommendation to elect Assistant City Clerk Susan M. Ledoux as the next City Clerk.

ORDER of Councilor Sarai Rivera - Suspension of Rules - Request the Police Chief provide traffic enforcement at the crosswalks for Murray Ave., 1050/1060 Main St. and the yellow blinking light at Main St. and Marble St. at the beginning and end of the school day.

Motion Rosen - Suspension of Rules - That the City Council does hereby recognize the organizers and volunteers for this years successful St. Patrick’s Day Parade.

Motion Rosen - Suspension of Rules - That the City Council does hereby recognize the Holy Cross Crusaders men’s basketball team for winning the Patriot League Tournament and for being a participant in the NCAA Division I Men’s Basketball Championship Tournament.