CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 13, 2017

Esther Howland Chamber

Convened: 6:43 P.M.

Recessed into Executive Session: 6:46 P.M. Reconvened into Open Session: 7:35 P.M. Adjourned: 8:51 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

MOMENT OF SILENCE in memory of all American soldiers who lost their lives in the line of military service.

Mayor Petty read a Proclamation declaring June 16, 2017 as World Refugee Day in the City of Worcester. The Proclamation was presented to Lisa Grennon.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of May 30, 2017.

Mayor Petty recognized the following speakers:
1. Idella Hazard, Worcester resident
2. Gerardo Shciano, Worcester resident

Hearing: BECKER COLLEGE for a conduit location for data and communication services at: ROXBURY ST. Granting permission to BECKER COLLEGE for a conduit location for data and communication services at: ROXBURY ST.

Donald O'Neil, Esq. on behalf of Tran Diep request the zoning map be amended by extending the BL-1.0 zone line bisecting the property situated at 49 Mountain St. East easterly into the abutting RL-7 zone along the boundary lines of said lot as shown on the attached sketch to eliminate the lots split zoning status.

Douglas Anane request abatement of street betterment assessment #25509 in the amount of $7,000.00 for Bergin Ln.

Rose M Troio and Lynda F Riacco request abatement of street betterment assessment #25465 in the amount of $15,000.00 for Dominion Rd.

Melissa A Beshine request abatement of street betterment assessment #25510 in the amount of $14,000.00 for Bergin Ln.

Michael O'Rourke requests installation of no parking signage in front of 125 Endicott St.

Councilor George J. Russell request installation of a crosswalk in Massasoit Rd. near Greenfield St.

Marisol Deleon request removal of the handicap parking space in front of 117 Eastern Ave.

Marisol Deleon et al request Eastern Ave. be made a one way street, flowing from Belmont St. towards Elliot St.

NATIONAL GRID for a pole location: BLACKSTONE RIVER RD.

Kevin Kelly request permission to make a statement before City Council remembering the sailors who lost their lives or were injured on the 50th anniversary of the attack on the U.S.S. Liberty.

Virginia Ryan request City Council recommend that the City Assessor send all residential homeowners a brief explanation of the Senior Circuit Breaker such as the attached copy.

William S. Coleman, III request an opportunity to invite City Council, City Administration and the people of Worcester to a community update on the "Citizens of Color Honor Roll," featuring relatives of soldiers listed on the honor roll.

William S. Coleman, III request an opportunity to invite City Council, City Administration and the people of Worcester to the "Juneteenth" Celebration in the City of Worcester.

Jo Hart request City Manager respond immediately to the breakdown of the WRTA and appoint a receiver to take over immediately to correct missed runs and incorrect run sheets and operating on hit-or-miss streets when route changes have not been authorized or made clear and have not even been announced to the bus-riding public who needs to know where to go to get on a bus.

FROM THE COMMITTEE ON FINANCE - Request City Manager request Superintendent of Public Schools provide City Council with a report concerning how much money is being saved in respect to changes in the City’s summer school bus scheduling. (Gaffney)

FROM THE COMMITTEE ON FINANCE - Request City Manager request Superintendent of Public Schools report to City Council concerning the number of school employees who are earning less than a wage of $15 per hour. (Russell)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a list of all the different retirement monetary pension ranges from lowest to highest and number of retirees that are in each range. (Toomey)

FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council concerning whether or not the Inspectional Services Department is engaging in any reform of its current IT procedures. (Lukes)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning the importance of the domestic violence application to the Worcester Police Department. (King)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with the next contract for management services for the DCU Center before it is signed. (Lukes)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with an updated report concerning the long term plan for building new school buildings. (Toomey)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning what payments the City has made and what policies are in place regarding reinsurance, including information concerning the cost of that reinsurance, savings that were generated due to reinsurance and what its impact on the City’s Moody’s rating has been. Further, request City Manager include in said report any relevant information concerning cuts in the Health Insurance fund and what the impact would be if $1,000,000.00, $2,000,000.00 or $3,000,000.00 were cut from its budget. (Lukes)

FROM THE COMMITTEE ON FINANCE - Request City Auditor provide City Council with an estimate of how much free cash is available, as well as what the impact of a $1,000,000.00, $2,000,000.00 or $3,000,000.00 cut from its budget would be. (Lukes)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning all items in the budget that the City only anticipates being a onetime payment, excluding public safety items. (Lukes)

FROM THE COMMITTEE ON FINANCE - Request City Manager request City Solicitor provide City Council with a legal opinion as to whether or not the Health Insurance Trust Fund (Internal Service Fund) can be cut by City Council. (Petty)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning when the runoff of the Internal Service Fund incurs. (Gaffney)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning how much the average tax payer will save with a $400,000.00 cut in the City’s budget. (Economou)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning how much the average tax payer will save with a $500,000.00 cut in the City’s budget. (Economou)

FROM THE COMMITTEE ON FINANCE - Request City Auditor work with the City Manager to develop a long term plan in regards to setting a policy for what amount of money a reserve account should have and what the process is once said amount is exceeded. (Russell)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report listing all outside counsel hired by the Human Resources Department. (Lukes)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a comprehensive report cost benefit analysis for using outside counsel as opposed to handling all legal counsel in-house. (Gaffney)

Request City Manager revert any residential or commercial property assessments that were based on sales outside of the 2 year recommended limit and/or based on less than 5 arm's-length sales transactions for FY2017 to the prior year's assessment for FY2018. (Gaffney)

Request City Manager, in partnership with Becker College's School of Animal Studies and Natural Sciences, whose curriculum involves creative-problem solving, expand the city's geese control program by limiting flock growth, frightening geese (humanely) so they decide to leave on their own, and changing lake, pond, park and airport habitats so they are less attractive to geese. (Rosen)

Request City Manager advise City Council concerning the apparent change by the manufacturer in the quality/thickness of the official City of Worcester yellow trash bags. Residents have been reporting that the bags are thinner and much more prone to splitting along the seam. (Rosen)

Request City Manager assemble a performance review committee whose members would include city employees, corporate and business leaders, and college professors, among others, to find inefficiencies and waste in city operations and to recommend government innovations and potential savings. (Rosen)

Request City Manager report to City Council as to the possibility of the Police Chief forming Community Oriented Policing Sub-Stations within neighborhoods of the City. (King)

Request City Manager provide City Council with a report concerning the status of the removal of and fines assessed for advertisements for Powers Painting nailed to trees on public land and parks. (Gaffney, Rosen)

Request City Manager become even more proactive in his efforts to prevent, combat and clear illegal dumping from our neighborhoods, parks, vacant lots and streets by considering the following, among others: 1) Greater enforcement of illegal dumping laws through issuance of much stiffer fines and penalties and working with law enforcement and the courts to see that repeat violators are incarcerated; 2) Assigning non-profit groups to identify and alert the city as to places where mattresses, furniture, clothing, diapers and other items have been dumped; 3) Using a model similar to that of the WPD, implementing a more data-driven approach to identifying and monitoring neighborhoods (including through use of cameras) with chronic dumping problems; 4) Partnering with the Sheriff's Community Service program to have inmates, on a regular basis, pick up illegally dumped items; and, 5) Formulate a plan that will allow residents to more easily, inexpensively and legally dispose of unwanted items. (Rosen)

Request City Council consider a change to Rule Appendix D-Election of Public Library Board of Directors as follows: Rule D-2. Review of Applications - All applications and resumes shall be filed with the city clerk. The clerk shall forward all applications to the Citizens Advisory Council no later than 4 weeks prior to the scheduled vote of the city council. No applications or resumes shall be accepted after that date. After the Citizens Advisory Council has reviewed all applications and submitted its recommendations to the City Clerk, the clerk shall present to the City Council a list of all applicants for a position as Director of the Public Library prior to the Council meeting in accordance with other rules established herein. (Lukes)

Request City Manager request Commissioner of Public Works and Parks provide City Council with a traffic study, irrespective of the MUTCD signal warrants not being met, for the purpose of determining if special conditions exist to install a 4 way traffic signal at the Intersection of Moreland St., Carter Rd. and Brigham Rd. (Bergman)

Request City Manager allocate funds this fiscal year, through the capital budget, for the purchase/installation of the appropriate number of video cameras at and around the DCU Center and for these cameras to be tied into the Worcester Police Department Real Time Crime Center. (Bergman)

Request City Manager provide City Council with a transcript of the meeting of the Citizen Advisory Council held on Thursday, June 8, 2017, and specifically the portion of the meeting dealing with the introductory instructions to the Committee as presented by a staff member of the Human Resources Department and the interview with the applicant, Attorney Margaret Melican. (Lukes)

Edward M. Augustus, Jr., City Manager, transmitting a request that City Council convene in executive session to discuss litigation strategy with respect to the case of Fargo Management LLC vs. City of Worcester, Massachusetts, Worcester Superior Court Docket Number 1285-CV01028; and further, to discuss matters of collective bargaining.

Report of the Planning Board Upon the Petition of Enio Barbosa et al request Ellie Way be made public.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager recommend adoption of the Fiscal Year 2018 Budget submission as identified in the line item budget: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to all litigation pending and resolved in the past five years, including representation by outside counsel and the direct and indirect costs: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager Transmitting supplemental informational communication relative to the operations during the Winter of 2016 - 2017: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager Transmitting informational communication relative to the Snow Operation Program during the 2016-2017 winter.: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting a communication relative to the successes of the Workforce Investment Board and the Workforce Central Career Center: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting a communication relative to Streetlight Savings associated with the LED conversion program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting a communication relative to the successes of the Intergovernmental Affairs and Municipal Initiatives position of the City Manager's office: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting a report concerning two inquiries from the FY 18 Budget Hearing: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting a communication regarding the Health Insurance Budget and Health Insurance Trust Fund (Internal Service Fund): recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the 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: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to the estimated net operating income of the DCU Center: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication in response to budget motions from the May 30, 2017 Finance Committee hearing: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication in response to a motion regarding a legal opinion as to whether or not the Health Insurance Trust Fund can be cut by City Council: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to the Health Insurance Budget and Health Insurance Trust Fund: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting the audited financial statements and management letter of the Worcester Redevelopment Authority (WRA) for the years ended June 30, 2016 and 2015: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting the Semi-Annual financial statements of the Worcester Redevelopment Authority (WRA) for the six months ended December 31, 2016 and 2015: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting a communication concerning free cash and what impact cuts from it could have on the budget: recommend Communication be placed on file.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking Opposite 14 Crown Street

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 160 Tacoma Street

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 19 Seymour Street

Amending Section 40 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide For Resident Permit Parking On Candlewood Street

Amending Section 40 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide For Resident Permit Parking On Waite Street

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Install No Parking Anytime On Cutler Street

Amending Section 29 Of Chapter 13 Of The Revised Ordinances Of 2008 By Amending The Stop Sign On Moreland Green Drive At Ledgewood Lane And Glenbrook Lane

PETITION of Donald O'Neil, Esq. on behalf of Summer St. Hotel, LLC request that whereas the City Council voted on June 7, 2016 to abandon, discontinue and remove from the Official Map the area of Washington Square, containing approximately 75 square feet of land, shown on the attached plan prepared by Bohler Engineering, dated 12/30/15, entitled, "Discontinue Exhibit: and whereas said area of Washington Square is no longer required for street purposes: 1) that the City of Worcester abandon its easement in said land for street purposes and 2) authorize the City Manager to execute any document necessary or incidental to this Petition, including a deed for the conveyance of the land shown on said plan in fee, to Summer St. Hotel LLC, the developer of the abutting Homewood Suites Hotel, upon such terms and conditions as the City Manager deems appropriate. (Tabled Under Privilege - Mero-Carlson June 6, 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)

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 Kathleen M. Toomey – Request City Manager request Superintendent of Public Schools create a contest where Worcester Public School students would come up with puns to celebrate Pun Day. - Item #16a Order adopted

ORDER of Mayor Joseph M. Petty – That City Council will hereby recess into Executive Session on June 13, 2017 at 6:30 P.M. to discuss pending litigation. - Item #16b Order adopted

ORDER of Councilor George J. Russell – Request City Manager restore the Billings Square Memorial, which was damaged in a car accident, as soon as possible. - Item #16c Order adopted

Motion Lukes @ #10k CC – Request City Manager request City Solicitor provide City Council with a report concerning what would be involved in amending the City Charter in a way that would eliminate the Citizen Advisory Council and have all appointments to boards and commissions screened by the City Manager’s office.

Motion Russell @ #8k CC – Request City Manager include information concerning Senior Circuit Breakers on any electronic newsletters, that could accompany information concerning the tax bill and Worcester’s rules regarding recycling.

Motion Petty @ #8n CC – Request City Manager request Administrator of the WRTA provide City Council with a detailed report concerning all changes made in bus routes over the last several months, any anticipated changes, as well as the funding sources for said changes.

Motion Lukes @ #10c CC – Request City Manager reach out to Wheelabrator to see how the City of Worcester trash bags impact their operations and whether biodegradable bags are a possibility for disposing of trash in Worcester.

Motion Petty @ #10c CC – Request City Manager provide City Council with a report concerning whether the City of Worcester trash bags are biodegradable.

Motion Lukes @ #10e CC – Request City Manager request Police Chief provide City Council with a report concerning why Policing Sub-stations did not work in Worcester previously.

Motion Gaffney @ #10e CC – Request City Manager consider the possibility of creating mobile police stations.

Motion Russell @ #10g CC – Request City Manager work with the proper State department to stop illegal dumping on State land abutting I-290.

Motion Petty – Suspension of Rules – Request City Manager provide his self-evaluation for the June 20, 2017 City Council Agenda. The evaluation will take place on June 27th and the same framework that was set by the Municipal Operations Committee in 2016 will be used for his Annual Performance Evaluation of the City Manager.