CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 13, 2016

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 10:19 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 August 16, 2016.

Mayor Petty recognized the following speakers:
1. Idella Hazard, Worcester resident
2. William Breault, Worcester resident
3. Jim Whalen, Worcester resident
4. Susan Champeny, Worcester resident
5. Josh Croke, Worcester resident
6. Martha Assefa, Worcester resident
7. Jessica Walsh, Worcester resident
8. Chris Benders, Worcester resident
9. Kyle Manuel, Worcester resident
10. Scott Boilard, Worcester resident
11. Gabe Rollins, Worcester resident
12. Donavan Bloomfield, Worcester resident
13. Albert Lavalley, Worcester resident
14. Tina Zlody, Worcester resident
15. Jessica Laughlin Curtin, Worcester resident
16. John Vo, Worcester resident
17. Mike Sullivan, Boston resident
18. Jessica (no last name given), Worcester resident
19. John Allen, Fitchburg resident
20. John Provost, Worcester resident
21. Doug Chapel, Worcester resident
22. Candy Murphy, Worcester resident
23. Ron Woods, Worcester resident
24. Pedro Figueroa, Worcester resident
25. Richard Merrick, Worcester resident
26. Eric Rodman, Worcester resident

Richard Carrico, Jr. et al request sidewalk repair in front of 14 Kenilworth Rd.

Vladmir Edmond request sidewalk repair in front of 16 Florence St.

Daniel and Cindy Phan request sidewalk repair in front of 208 Pleasant St.

Delia Perez request a handicap ramp be installed in the sidewalk at the bus stop at the entrance to Washington Heights in Williamsberg Dr.

Donavan Bloomfield request the City process the connection of the sewer disposal system at 32 Zenith Dr. to the City's sewer system.

Charles Buduski et al request installation of a permanent parking ban on the even side of Stafford St. between 200 Stafford St. and Abington St.

Daniel and Cindy Phan request relocation of the bus stop in front of 208 Pleasant St.

Russell Shepard request removal of the handicap parking space on the Carlstad St. side of 43 Kosta St.

Councilor Morris A. Bergman request the area of residential parking on the odd side of Normal St. be reduced to begin across from 12 Normal St. to Eastern Ave.

Councilor Candy Mero-Carlson on behalf of Nancy Leary request Norfolk St. be made one way.

Jo Hart request City Council, the City Manager and the Mayor all respond in fairness to the complete public in the city by having all important city and public interest start off with a large, publicly advertised public meetings (see attached) for each subject area of concern, such as the immediate concern to abate/control public noise to eliminate its intrusion into private life; also the Commercial Corridors Overlay District, dog parks, better ways to achieve snow/ice removal, a completely new way to tackle garbage/recycling, and so forth.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide City Council with a report detailing what a sanction site is and what it would take to have one in the City. Further, request City Manager provide in said report the pros and cons that sanction sites have in dealing with encampment issues.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request Worcester Regional Transit Authority build a bus shelter at 128 Providence Street, the Worcester Senior Center

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager work with the Worcester Regional Transit Authority to determine the feasibility of creating a shuttle bus to the Worcester Senior Center from some major living complexes, including Worcester Housing Authority locations. Further, request City Manager provide City Council with the cost previously associated with operating a shuttle system to the Worcester Senior Center.

Request City Manager report on the following; the definition of revolving funds, reserve accounts and enterprise accounts, and which departments are included as using any of these accounts, how funds are accounted for in each instance and which accounts required tax levy support in the past 5 years and how much support. (Lukes)

Request City Manager report on process for selection of murals in the city pursuant to the PowWow Worcester event, including the funding and funding sources, what type of juried process was followed, whether a further event with the same selection process will be held, how the participating artists were selected, the address of the artists, what payments were made for the benefit of artists, why more local artists did not participate, and what kind of outreach to the public, property owners and art community was followed, how long will the murals be shown and what kind and cost of maintenance is planned. (Lukes)

Request City Manager request Commissioner of Public Works and Parks install a bike rack in front of the National Grid Sustainability Hub, located at 912 Main St. (Rivera)

Request City Manager request Commissioner of Public Works and Parks install a bike rack on the Main St. side of University Park, formerly known as Crystal Park. (Rivera)

Request City Manager request the City Solicitor provide City Council with a report within 30 days regarding enacting legislation to regulate and restrict non-profit organizations in residentially zoned districts the use of religious or educational purposes and the process to effectuate these changes. (Bergman, Economou)

Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to the announcement of a Water Supply Stage 3 Drought.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the National Alliance on Mental Illness – Massachusetts (NAMI Mass): recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Worcester Senior Center participant survey results: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manage transmitting informational communication relative to the success of the 2016 Recreation Worcester pilot after school program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to a Community Survey on the City's ADA Evaluation and Transition Plan: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to an Update of the ADA Evaluation and Transition Plan: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the National Health and Nutrition Examination Survey: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to substance abuse prevention activities during the summer 2016: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to an update for opioid overdose prevention activities: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Sharps Policy & Public Awareness Campaign: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Tobacco 21 (T21) Policy about raising the minimum legal sales age to purchase tobacco products from 18 to 21: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to substance abuse prevention activities: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Petition of Ronal Madnick request City Council adopt M.G.L. Chapter 111, Section 215, a pilot program for exchange of needles: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Petition of Ronal Madnick request City Council adopt M.G.L. Chapter 111, section 215, a pilot program for exchange of needles: recommend Petition be placed on file.

ORDER of Mayor Joseph M. Petty and Councilor Khrystian E. King - Request City Council ordain the attached proposed Wage Theft Ordinance that would prevent our city contracts from being awarded to those employers who are guilty of wage theft in Massachusetts. This ordinance will make sure that our tax payer dollars are being awarded to responsible contractors and protect their employees. (Tabled Under Privilege - Lukes September 6, 2016)

ORDER of Councilor Khrystian E. King - Request City Manager request Commissioner of Public Works and Parks produce a report outlining public safety benefits, neighborhood impact, fiscal municipal implications; and recommendations for enhanced Off-Season Public Park lighting, all in the interest of public safety. (Tabled Under Privilege - King September 6, 2016)

PROPOSED ORDINANCES: Amend Chapter 4 and Chapter 15 of the Revised Ordinances of 2008 relative to Recycling & Solid Waste Collection. Amend Chapter 8 of the Revised Ordinances of 2008 relative to Public Health Regarding Free Items Left on a Public or Private Way. (Tabled Under Privilege - Gaffney September 6, 2016)

PROPOSED ORDINANCE: Amend Chapter 8 of the Revised Ordinances of 2008 relative to Dog Licensing Fees and Duties of Dog Owners to allow on-leash dog use in certain City parks. (Tabled Under Privilege - Rosen September 6, 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 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)

ORDER of Councilor Tony Economou – Request City Manager provide City Council with information concerning how the City’s draft ordinances addressing the negative aspects of short-term bedroom rentals collaborates with legislation at the state level and who becomes the overriding authority as the legislation moves forward. – Item #19a Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager request City Solicitor provide City Council with a comparison of the proposed Wage Theft Ordinance to any other ordinances or regulations the City currently has to see how it interacts. – Item #19b Order adopted

ORDER of Councilor Michael T. Gaffney – Request City Manager request any and all parties to include, but not limited to, the property developer, tenants, contractors to be engaged, and any organizations/lobbyists/unions involved in seeking TIFs at 25 Southgate Street, 17 Southgate Place and 65 Armory Street provide City Council with a public disclosure of all campaign contributions, endorsements, or lobbying efforts. – Item #19c Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager request Commissioner of Public Works provide City Council with a report concerning ways to better attract employees to the Department of Public Works and Parks. Further, request City Manager request Commissioner of Public Works and Parks include in said report the amount of money needed to be added to the budget to address better attracting employees. – Item #19d Order adopted as amended

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with a report concerning how the cities of Boston and Providence, RI handle their noise ordinances. – Item #19e Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager and Mayor consider holding a retreat for the City Council under their direction. – Item #19f Order adopted

Motion Lukes @ #11a CC - Request City Council amend the Wage Theft Ordinance to eliminate the words, “goods,” and, “services,” in Section 1 Subsection L.

Motion Lukes - #11a CC - Request City Council amend the Wage Theft Ordinance to replace all references to a “three year” period of time and a “two year” period of time with a “one year” period of time.

Motion Lukes @ #8e CC - Request City Manager request City Solicitor review the issue of additional compensation in the form of increased local aid to a city because of the nonprofits located there.

Motion Lukes @ #8e CC – Request City Manager request City Solicitor review the issue of additional compensation to a city because of the nonprofits in the form of increased local aid.

Motion Lukes @ #6e CC – Request City Manager request City Solicitor prepare a Home Rule Petition, if possible, to allow for the connection of the sewer disposal system at 32 Zenith Dr. to the City’s sewer system.

Motion Russell @ #6e CC – Request City Manager waive connection charges when the sewer disposal system at 32 Zenith Dr. is connected to the City’s sewer system.

Motion Lukes @ #11c CC – Request City Manager explore the option and concept of “Swap Shops,” where residents could drop off unwanted items, which could then be picked up by other residents in the community.

PETITION – Councilor Sarai Rivera on behalf of the residents of Tirrell St. request installation of a speed limit sign in Tirrell St.

Motion Economou – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks trim back the overgrowth along Chester St. and West Chester St., in the interest of public safety.

Motion Toomey – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks trim back the overgrowth along the intersection of Lake Ave. and Sunderland Rd.