CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 3, 2016

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 8:44 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Mayor Joseph M. Petty read a Proclamation declaring May, 2016 as Worcester Community Action Council Month in the City of Worcester. The Proclamation was presented to the Worcester Community Action Council’s Executive Director Jill Dagilis.

Mayor Joseph M. Petty read a Proclamation declaring Saturday, May 14, 2016 as National Association of Letter Carriers Food Drive Day in the City of Worcester. The Proclamation was presented to Norm LaFlash and Gwen White.

Mayor Joseph M. Petty presented a Key to the City to Sergeant Miguel Lopez of the Worcester Police Department, Cathy Flink-Harrison of the Worcester Public Schools and Patricia Hainsworth of the Worcester Senior Center, who all received the Thomas S. Green Awards, which recognizes public officials who go above and beyond for the City. Todd Rodman also spoke on behalf of the Worcester Research Bureau.

Mayor Joseph M. Petty presented a Key to the City to Worcester business owners Magdelena and Albert Maykel, Jr., founders of the natural and organic food market Living Earth. Living Earth has been owned and operated in the City for 45 years.

MOMENT OF SILENCE led by Councilor Kathleen M. Toomey for Worcester resident Eleanor Caffrey, who passed away April 30, 2016 at the age of 84. The Caffrey Family serves the City of Worcester in many ways, most notably by organizing the yearly Caffrey Award, which is given to an individual in the community who has demonstrated courage, fortitude, and perseverance through deeds and actions.

Mayor Joseph M. Petty administered the Oath of Office for City Clerk Susan M. Ledoux, who is the tenth person to hold the title for the City of Worcester since its founding in 1848, and is the first woman to do so.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of April 12, 2016.

Mayor Petty recognized the following speakers:
1. Leonard Cooper, Worcester resident
2. Idella Hazard, Worcester resident
3. Stuart Loosemore, Leicester resident
4. Jo Hart, Worcester resident
5. Norm LaFlash, Worcester resident
6. John Provost, Worcester resident
7. William Breault, Worcester resident
8. Francisco Ojeda, Worcester resident

Dalila Ringland request removal of the guardrail in the vicinity of 39 Ideal Rd.

Loan T. Cao request abatement of street betterment assessment #25362 in the amount of $9,981.72 for Yukon Ave.

Casey Wall request sidewalk repair in front of 990 Pleasant St.

Frederick C. Rushton request sidewalk repair in front of 21 Franconia St.

Jeffrey Silkman request installation of a stop sign at the intersection of Bowdoin St. and North Ashland St.

Carmen Perez request installation of a handicap parking space in front of 94 Granite St.

State Representative Daniel M. Donahue and Councilor George J. Russell on behalf of Mitchell Starr request installation of "Go Slow" Children advisory signage in Stoneham Rd.

Councilor Gary Rosen on behalf of Phil Gagnon request installation of stop signs at Wescott St. and Paris Ave.

Councilor Gary Rosen on behalf of Phil Gagnon request installation of stop signs at Kermit Rd. and Wildwood Ave.

NATIONAL GRID for a conduit and manhole location at: SCHOOL AND SUMMER STS.

William S. Coleman III request City Council encourage citizens of Worcester to assist the United States Postal Letter Carriers in their effort to Stamp Out Hunger in our communities.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager with the Diversity Officer and representatives of the community work together to review the city’s affirmative action policy as it relates to hiring practices so that it reflects the current diversity of the city.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager report to City Council whether or not the city took any legal action against the developer of 5 May St. in an effort to recoup funding.

FROM THE COMMITTEE ON EDUCATION - Request City Manager request the City Solicitor render an opinion as to legal options in recovering the 2010 miscalculated foundation education formula dollars ($12,000,000.00) and whether or not there is an applicable statute of limitations.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request the City Solicitor and the Police Chief work together to explore how New York City and Boston as well as other communities have implemented legislation/ordinances/regulations regarding the confiscation of All Terrain Vehicles (ATVs) and dirt bikes. Further, request the City Manager after this review, propose any new ordinances and regulations for the city to implement that would be helpful to stop the illegal activities of these types of vehicles and further, request bringing these recommendations back to City Council on the next City Manager's calendar. (City of Boston’s Ordinance regarding Recreational Vehicles enclosed)

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager consider updating the city’s PSA’s (public service announcements) and social media to recommend the use of the city’s tip hotline to report illegal use of ATVs and dirt bikes.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request the City Solicitor clarify for City Council as to what types of off-road vehicles need licensing.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request the Police Chief assign officers to work with the Environmental Police to learn methods to confiscate ATVs and dirt bikes by using the laws already in place, as well as methods to bring cooperation and coordination between the police and other departments, such as Code Enforcement and the Fire Department, to use their rules and regulations to further impede the illegal use of ATVs and dirt bikes.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request the Police Chief and the City Solicitor work cooperatively to identify a method of banning all synthetic marijuana in retail stores.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request the Police Chief report to City Council what additional resources would be required to add canines to his department’s budget.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager work with MassDOT to determine the feasibility of restricting truck traffic on Hamilton St.

FROM THE COMMITTEE ON EDUCATION - That the City Council does hereby go on record requesting the State Legislature to include in the final FY17 Chapter 70 state budget an adjustment to the 2010 skipped quarter for the foundation budget inflation factor, as referenced in the final Foundation Budget Review Commission Report, that would provide the Worcester Public Schools an additional $12,000,000 in state aid.

Request City Manager report to City Council concerning the advisability of the City Council adopting and utilizing the Small Commercial Exemption, under MGL Ch. 59, Sec. 51, to reduce real estate taxes for qualified small businesses. This report should advise on any and all potential revenue, budget and other consequences including the effect it would have on other Class Three, Commercial, and Class Four, Industrial, real property. (Rosen, Bergman, Mero-Carlson)

Request City Manager have representatives from the Division of Public Health along with partners from Prevention and Wellness Executive Committee offer to City Council a presentation regarding the progress and positive work that has resulted from the prevention and wellness grant (Rivera)

Request City Manager request the Commissioner of Inspectional Services report to City Council any current code violations on any/all properties recently identified for redevelopment. (Bergman)

Request City Manager request the Treasurer & Collector report to City Council any real property tax arrearages on any/all properties recently identified for redevelopment. (Bergman)

Request City Manager request the City Solicitor offer an opinion as to whether or not any restriction(s) can be placed on real property taken for redevelopment by eminent domain requiring it to be a real estate tax paying entity. (Bergman)

Request City Manager present a budget that does not raise property taxes or does not raise property taxes the full 2 ½% as to restore our excess tax levy capacity and preserve our bond rating. (Gaffney)

Request City Manager report on the consequences of the increase in real estate foreclosures upon real estate property valuations and real estate taxes including delinquent tax payments. (Lukes)

Request City Manager have appropriate loitering signage be placed on the basketball court’s fence on Hawley St. to assist route police officers. Further, request the Police Chief report what enforcement is in place in the Hawley St. area during the evening hours. (Rivera)

Transmitting a corrected copy of the Monthly Report on the Status of the City Budget.

Department of Public Utilities transmitting NStar Gas Company's Condensed Financial Return for the Year Ended December 31, 2015.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager recommend adoption of an ordinance amending Chapter Fourteen of the Revised Ordinances of 2008 relative to food trucks: recommend passage of the accompanying proposed Ordinance as amended.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication regarding the City's Tax Increment Financing Policy: recommend adoption of the accompany Order that City Council does hereby approve and support the attached amended City of Worcester’s Tax Increment Financing Policy as submitted to Committee on March 22, 2016.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Konstantina B. Lukes – Request City Manager amend the City’s Tax Increment Financing Policy to require compliance reports be provide to City Council as part of the quarterly Economic Development Initiative Report: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Chairman's Order from the Standing Committee on Economic Development - Request City Manager review the TIF policies established in other communities and recommend to the City Council for review, approval and implementation a policy for Worcester that includes timelines that applicants can rely on when proposing development. (see attachments): recommend Chairman's Order be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor George J. Russell - Request Standing Committee on Economic Development work with the City Manager's Economic Development staff to create a written process similar to those provided by the Zoning Board of Appeals and Planning Board that provides a sixty (60) to ninety (90) day maximum timetable for TIF and other similar development applications. This process should comply with the Economic Development Committee's regular scheduled meetings: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to a legal opinion as to whether or not an established food truck’s location must be moved if and when a new brick and mortar business moves into the same area: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting informational communication relative to private properties and their Affordable Housing status: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting informational communication relative to the Americans of the Arts: Arts and Economic Prosperity Study: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting informational communication relative to the Economic Development Quarterly Report: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting informational communication relative to the quarterly update report of Economic Development Initiatives: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting informational communication relative to the DCU Center Special District Improvement Fund: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting informational communication relative to the 2016 Worcester Arts Council Grant Recipients: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting informational communication relative to the Cultural Development Report update: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting informational communication relative to the monitoring of CDBG Funded Activities: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting informational communication relative to an update of the activities of Destination Worcester: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Order Councilor Kathleen Toomey and Councilor Tony Economou - Request the Standing Committee on Education meet with the Worcester Area Chamber of Commerce and Student Government Associations to discuss what students are looking for entertainment and retention after graduation: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of Timothy J. McGourthy, Executive Director of Worcester Regional Research Bureau, transmitting communication relative to "Toward a Common Understanding of the Common Core": recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Resolution of Councilor Konstantina B. Lukes – That the City Council does hereby request our State Legislative Delegation to advocate for a longer school year and longer school day model and funding: recommend Resolution be placed on file.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Resolution of Mayor Joseph M. Petty – That the City Council does hereby request our State Legislative Delegation to advocate for the Worcester Public Schools to implement the findings of the Advisory Committee relative to Chapter 70 Foundation monies: recommend Resolution be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to a report concerning the Police Academy: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to a report concerning homicide and gun violence: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the policy and use of tasers by the Worcester Police Department: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the use of canines within the Worcester Police Department: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the Ban on the Sale of Synthetic Marijuana: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Petition of Kamel Anthony Bryant request City Council create a Neighborhood Crime Watch, install cameras and step up patrols in the area of 23 Barclay St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Petition of Jo Hart request City Council request the City Manager have the Police Chief and Commissioner of Public Health create and release yearly a report of body-count statistics (deaths by serious injuries and violence) indicating whether the cause was the result of guns/knives or vehicles with dates and provide statistics for the last ten years for the City of Worcester, Worcester County and the state: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Order Councilor Gary Rosen - Request City Manager report to City Council concerning plans, if any, by the City to have police officers wear body cameras while on duty: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Order of Councilor Philip P. Palmieri - Request Standing Committee on Public Safety hold meetings throughout the various communities in the City to recognize all interested parties and as a way to pass meaningful resolutions in regards to equality in the community: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Order of Councilor Morris A. Bergman - Request Standing Committee on Public Safety hold meetings for substantial discussions in regards to issues of equality in the community as a way to address concerns brought forth by the peoples of Worcester: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to sewer connection fees and recommendations: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the FY17 Water and Sewer Rate recommendation: recommend passage of the accompanying proposed Ordinance to amend the sewer rate for FY 2017.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of David Nduru request a No Dumping sign be installed on the corner of Bowker St. and Pilgrim Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to an update of the Lake Avenue North slope failure: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to a report concerning the progress of repairing the one way section of Lake Avenue North: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the status of ALB infestations and program response in Worcester: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Keep Worcester Clean (KWC) Activity Report for the month of December 2015: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the state of the Worcester Water Supply System: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to a status report concerning the appeal of the National Pollutant Discharge Elimination System (NPDES) 2008 discharge permit that was issued by the Environmental Protection Agency: recommend Communication be placed on file.

Amending Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to extension of the BG-6.0 Zoning District in the Lincoln Square and North Main Street Areas.

Amending Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to extension of the BG-3.0 Zoning District in the vicinity of 124-126 Chandler Street.

COMMUNICATION of the City Auditor transmitting the Monthly Report on the Status of the City Budget. (Tabled Under Privilege - Lukes April 26, 2016)

COMMUNICATION of the City Auditor transmitting report concerning recommendations as to where cuts may be made in the City's budget. (Tabled Under Privilege - Lukes April 26, 2016)

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 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 Tony Economou request City Manager look into resources regarding illegal use of all-terrain vehicles and dirt bikes available through the Massachusetts Environmental Police. - Item #20a Order adopted

Motion Russell @ #8j CC – Request City Manager consider installation of a camera at the entrance of CSX to monitor the “No Left Turn” prohibition exiting their facilities.

Motion Lukes @ #9a CC – Request City Manager request City Solicitor provide City Council with the legal opinion concerning the 2010 miscalculated foundation education formula’s statute of limitations at the next City Council meeting.

Motion Petty @ #10g CC – Request City Manager provide City Council with a report concerning the impact reverse mortgages and foreclosures have on the elderly.

Motion Mero-Carlson – Suspension of Rules – Request City Manager set up a neighborhood meeting between the City’s administration, the City Council, the Diocese of Worcester and neighborhood residents to discuss the parcel of land at Our Lady of Carmel and the City’s plans for it moving forward.

Motion Rivera – Suspension of Rules – Request City Manager revisit issues concerning the quality of life for the residents at 205 Millbury St.

Motion Rivera – Suspension of Rules – Request City Manager request the Police Chief extend foot patrols in the vicinity of Ward St. and Lafayette St. from 12:00 A.M. to 2:00 A.M.