CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 29, 2016

Esther Howland Chamber

Convened: 7:03 P.M.

Reccessed to Executive Session: 9:19 P.M. Reconvened to Open Session from Executive Session to Adjourn: 9:54 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

The Pledge of Allegiance was led by Vietnam War Veteran Phil Madaio.

Mayor Joseph M. Petty read a Proclamation declaring March 29, 2016 as Welcome Home Vietnam Veterans Day in the City of Worcester. The Proclamation was presented to Vietnam Veteran Phil Madaio.

Mayor Joseph M. Petty presented Joseph Tortorelli, Sr. with a Key to the City for his 54 years of service as the owner and founder of Worcester Light and Sound.

Mayor Petty recognized the presence of Troop 37 from Christ the King Church, who were in attendance as part of earning both their Citizenship Badges and Community Merit Badges.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of March 15, 2016.

Mayor Petty recognized the following speakers: 1. Bob Ackley, Southborough resident 2. Nestor Chevalier, Worcester resident 3. Nicholas Skylar, Worcester resident 4. James Bonds, Shrewsbury resident 5. Ronald O’Clair, Worcester resident 6. Idella Hazard, Worcester resident 7. Jo Hart, Worcester resident 8. Jeff Savasta, Worcester resident 9. Peter Stefan, Worcester resident 10. Michael Zaleski, Worcester resident 11. John Latino, Worcester resident 12. Udelka Ledesma, Methuen resident 13. Devon Kinnard, Worcester resident 14. Santa Jimenez, Worcester resident 15. Maury Ramirez, Worcester resident 16. Kevin Ksen, Worcester resident 17. Phil Madaio, Auburn resident 18. Paul Collyer, Worcester resident 19. Michael Bellows, Shrewsbury resident 20. George Yancey, Worcester resident 21. William S. Coleman, III, Worcester resident 22. Juan Gomez, Worcester resident 23. Pastor Esau Vance, Worcester resident 24. John Provost, Worcester resident

Hearing: LIGHTOWER FIBER NETWORKS, LLC for conduit location at: 114 CHANDLER ST. at IRVING ST. Granting permission to LIGHTOWER FIBER NETWORKS, LLC for conduit location at: 114 CHANDLER ST. at IRVING ST.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: CHANDLER ST. at WELLINGTON ST. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: CHANDLER ST. at WELLINGTON ST.

Hearing: LIGHTOWER FIBER NETWORKS, LLC for a conduit location at: MAIN ST/CURTIS PARKWAY. Granting permission to LIGHTOWER FIBER NETWORKS, LLC for a conduit location at: MAIN ST/CURTIS PARKWAY.

Hearing: LIGHTOWER FIBER NETWORKS, LLC for a conduit location at: THORNDYKE RD. /BURNCOAT ST. Granting permission to LIGHTOWER FIBER NETWORKS, LLC for a conduit location at: THORNDYKE RD. /BURNCOAT ST.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: MAIN ST./HOLLAND RD. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: MAIN ST./HOLLAND RD.

Hearing: LIGHTOWER FIBER NETWORKS LLC for a conduit location at: COLUMBUS/LOVELL STS. Granting permission to LIGHTOWER FIBER NETWORKS LLC for a conduit location at: COLUMBUS/LOVELL STS.

Hearing: LIGHTOWER FIBER NETWORKS, LLC for a conduit location at: MAIN/APRICOT STS. Granting permission to LIGHTOWER FIBER NETWORKS, LLC for a conduit location at: MAIN/APRICOT STS.

ORDER - That the City Council recess into Executive Session on Tuesday, March 29, 2016 to discuss matters regarding collective bargaining.

Councilor Tony Economou on behalf of Mary Ellen Clifford request an ordinance be crafted where any advertising on public property in the City be allowed by paying a fee and that anyone who does so without permission, be assessed a fine.

Allan Rooney request installation of streetlight on Bedford Ave. between Pilgrim Ave. and Puritan Ave.

Coleman Horsley request Wachusett St. be repaved.

Steven Dyer request sidewalk repair in front of 16 Monticello Dr.

Indre & Arturas Varnas request installation of surveillance cameras for speed in Sunderland Rd. from Dalton St. to Roosevelt School.

Councilor Morris A. Bergman on behalf of April Wheeler request for re-installation of handicap parking space in front of 64 Providence St.

Councilor Tony Economou on behalf of Maria Whalen request "Slow Children" or "Slow Blind Street" signs be added on Chester St., in both directions in the vicinity of Bjorklund Ave., in the interest of public safety.

Councilor Konstantina B. Lukes on behalf of Joseph Thorin request installation of a four-way stop sign at Canterbury and Gardner Sts.

Councilor Tony Economou and Councilor Candy Mero-Carlson on behalf of Dana Pici request installation of 30 minute parking on the southerly side of Huntington Ave. between the hours of 8am and 7pm.

Councilor Gary Rosen on behalf of Pamela Cassanelli request the installation of handicap parking space in front of 45 Ledgecrest Dr.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Clerk as a standard practice invite and send an agenda to the Commander of Veterans’ Council to every Veterans’ and Military Affairs Committee meeting.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager request the Commissioner of Public Health and the Veterans’ Agent draft a form letter of sympathy and acknowledgement of appreciation for military service that can be mailed to the next of kin of local deceased veterans and forward said form letter to the Veterans’ and Military Affairs Committee for review.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager request the City Solicitor provide an opinion as to whether or not the following order should be in the jurisdiction of the School Committee or the City Council’s Standing Committee on Veterans’ and Military Affairs: Request City Manager consider the expansion of the JROTC program to include the Army and Marine programs. An expansion would give our children an opportunity to experience the programs provided by each branch of the military. This would also help them with the direction and discipline that the military provides and further our efforts for youth intervention and involvement.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager make an inquiry at Congressman’s McGovern’s office as to whether or not information regarding returning veterans is or is not privileged.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager provide the guidelines and regulations previously used for erecting memorials on the grounds of the Common and City Hall plaza.

Request the Standing Committee on Youth, Parks and Recreation Committee review the status and fee structure of the city's Memorial Park Bench Program. (Rosen)

Request City Manager inform the City Council as to what effects, if any, the passage by voters this fall of the Regulation and Taxation of (recreational) Marijuana Initiative will have on the letters of non-opposition and community host agreements that are currently being negotiated and signed by the City Manager. In particular, “ Is the city taking into account that passage of this initiative might provide windfall profits to our registered and approved medical marijuana dispensaries?” given that the proposed law would permit the possession, use, distribution, and cultivation of marijuana in limited amounts by persons age 21 and older and would remove criminal penalties for such activities. (Rosen)

Request the Police Chief provide traffic enforcement at the crosswalks for Main/Kilby Sts. and Main/Woodland Sts. at the beginning and end of the school day. (Rivera)

Request City Manager report to the City Council the progress that has been made and will be made in the future downtown to improve the facades, cleanliness and quality of both occupied and empty stores and buildings on Front St. and north Main Street (from Harrington Corner to Lincoln Square). The deplorable condition of several stores and buildings in this area is a detriment to our efforts to make New England's second largest city also the one with the second most welcoming and vibrant downtown. (Rosen)

Request the Police Chief consider instituting a speed enforcement program similar to the code enforcement efforts utilized in past years to comprehensively address compliance problems in a targeted area of the city. (Toomey)

Request City Manager request the City Solicitor to give a legal opinion as to the the City of Worcester's ability to assist local funeral homes in the timely and dignified disposition of unclaimed bodies, after a reasonable period of time, through cremation, by waiving the requirements of 505 CMR 2.05(2) ( cremation by written approval of spouse or legal representative only). (Bergman)

Request City Manager provide City Council with a timely report on the total cost, to include salary and benefits, to the City of Worcester of all Executive Management employees not residing in Worcester. (Gaffney)

Request City Manager consider offering advertising for a fee on City of Worcester garbage bags to offset the cost of the bags to residents. (Bergman, Mero-Carlson)

Request City Manager and the City Assessor provide City Council with a report to show the amount of three family and other multifamily dwellings that are owner occupied vs. absentee owners. Further, request the report should also compare ownership trends of the recent years. (Russell, Rivera, Mero-Carlson, Bergman, King, Toomey)

Request City Manager provide City Council with a report as to crime statistics and their relationship to absentee property ownership. (Russell, Rivera, Mero-Carlson, Bergman, King, Toomey)

Request City Manager consider establishing a City wide program to assist first time home owners to buy and owner occupied three family homes city wide. This program should include but not be limited to requesting nonprofit organizations and other major employers to provide incentives for their employees to owner occupied multifamily homes. (Russell, Rivera, Mero-Carlson, Bergman, King, Toomey)

Request City Manager consider having the City take part in a program to encourage public safety employees and all other municipal employees to buy and owner occupy multifamily homes in Worcester. (Russell, Rivera, Mero-Carlson, Bergman, King, Toomey)

Request City Manager provide an update to City Council regarding actions taken by the City as a result of the Housing Study presented to the Council several years ago. (Russell, Rivera, Mero-Carlson, Bergman, King, Toomey)

Request City Manager request the City Solicitor render a legal opinion as to the ramifications (if any) on the certification renewal process of a Community Development Corporation that no longer is located in the neighborhood it was certified in serving. (Mero-Carlson)

Request City Manager submit a report on the documented gas leaks in the city. (Lukes)

Request City Manager recommend the feasibility of a pilot program on the testing of gas leaks affecting public shade trees. (Lukes)

Request City Manager report on the number of motor vehicle accidents on Shrewsbury St. for the past five years. (Lukes)

#8.23A June 9, 2015 Communication of the City Manager transmitting informational communication relative to an estimated assessor's tax recap using the proposed FY16 tax levy with current real estate assessed values and actual FY15 assessed values.

#8.28A June 9, 2015 Communication of the City Manager transmitting informational communication relative to the Bond Anticipation Notes (BAN) rating.

#9.24A June 23, 2015 Communication of the City Manager transmitting informational communication relative to the FY16 Capital Improvement Plan.

#11a CC November 10, 2015 Communication of the City Auditor transmitting unaudited financial reports on the budgetary basis for results of operations in Fiscal Year 2015 for the General and Enterprise Funds (Schedules A through B-3). Also attached are summaries of the activities in the Special Revenue, Capital Project, Debt Service and Trust Funds (Schedules C-1 through C-5).

Transmitting communication relative to the Monthly Report on the Status of the City Budget.

Transmitting communication relative to the semi-annual financial statement of the Worcester Redevelopment Authority (WRA) for the six month period ended December 31, 2015.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Gilberto Ledesma of L'Omatic Realty Trust request to extend BG-3.0 zone line to include all of 124 Chandler St.: recommend to Accept of the Planning Board Report and recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Jonathan Finkelstein, Esq. on behalf of Gilberto Ledesma and L'Omatic Realty Trust request that the property located at 126 Chandler St. be removed from the Commercial Corridors Overlay District (CCOD): recommend to Not Accept the Planning Board Report and recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Communication of the City Manager recommending adoption of amendment to zoning ordinance map extending the BG-6.0 Zoning District to fully encompass the Worcester Auditorium and former Worcester County Courthouse parcels: recommend to Accept the Planning Board Report and recommend passage of the accompanying proposed Ordinance.

REPORT OF THE PLANNING BOARD Upon the Petition of Craig Blais, President New Garden Park, Inc., request to discontinue and remove from the official city map the area known as Winter St. Court.

REPORT OF THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS Upon the Petition of William S. Coleman, III request City Council have City Administration support the efforts of Worcester's African American community as it attempts to locate and establish a World War II Memorial honoring Worcester's citizens of color who served our country: recommend adoption of the accompanying Resolution to support the efforts of Worcester’s African American community as it attempts to locate and establish a World War II Memorial honoring Worcester’s citizens of color who served our country.

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)

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 Konstantina B. Lukes @ #7n CC – Request City Clerk review with a higher scrutiny items similar to #7n on the March 22, 2016 City Council Agenda. – Item #13a Order adopted

ORDER of Councilor George J. Russell @ #8.4A CM – Request City Manager consider providing a higher preference to residents and business owners of Worcester when issuing Food Truck licenses. – Item #13b Order adopted

ORDER of Councilor Konstantina B. Lukes @ #8.4A CM – Request City Manager provide City Council with all necessary citation information in regards to the Food Truck Ordinance amendment. – Item #13c Order adopted

ORDER of Councilor Morris A. Bergman @ #8.4A CM – Request City Manager request City Solicitor provide City Council with 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. – Item #13d Order adopted

ORDER of Councilor George J. Russell @ #8.14A CM – Request City Manager provide City Council with a detailed list of expenses from municipal parking garages in the last two or three years. Further, request City Manager include in said report information concerning whether the garages are a liability or an asset to the City moving forward. – Item #13e Order adopted

ORDER of Mayor Joseph M. Petty @ #8.17B CM – Request City Manager request Commissioner of Health and Human Services provide City Council with information concerning improving methods of educating adolescents of sexually transmitted infections and teen pregnancy. – Item #13f Order adopted

Motion Petty @ #10a CC – Request City Manager provide City Council with a report regarding all the fee structures for the City’s parks.

Motion Petty @ #10q CC – Request City Manager provide City Council with a report concerning the feasibility of widening Shrewsbury St.

Motion Toomey @ #10q CC – Request City Manager provide City Council with a report regarding whether or not the City could increase the lumens in the street lights on Shrewsbury St., as well as the cost of implementation.

Motion Mero-Carlson @ #10q CC – Request City Manager provide City Council with a report concerning how the City can prevent fatal accidents on main thoroughfares.

Motion Lukes @ #12a CC – Request City Auditor provide City Council, in two weeks, with a report concerning recommendations as to where cuts can be made in the City’s budget.

Motion King – Suspension of Rules – Request City Manager request the Chief of Police provide foot patrols in the Water St. neighborhood, during the local business’ closing hours, in the interest of public safety.