City Council Blog 9/13/16

All present.

PUBLIC PARTICIPATION

Idella Hazard: Speaking on 7A, report on sanction site for the homeless. Saw in the paper that the city's not doing that. I don't know how that can be since it's just coming up now. We need to treat our homeless as civilized human beings. They got kicked out of the library. They need a place to shower, etc. Other cities have sanctioned encampments. And Worcester should be just as civilized as other countries, other cities. We owe that to them since we're not offering enough housing. The shelters are full constantly. If we can't provide housing, the least we can do is provide them showers, a common place for social services. Hygiene is number one.

William Breault: Speaking on 7A. Agree with CM on stopping this before it got started. Still leaves 72 encampments. My view of Dr. Castiel was made clear, the activist doctor, radical ideas. Best practices, one only has to go online, from Springfield to Seattle, to see they're a bad idea. First murder of year was homeless man. Railroads and homelessness, we were excluded from attending meeting. It's not about credit, it's about inclusiveness, and we're not getting it with Dr. Castiel and a cloistered group of people. 300 syringes, Main South, people shooting up, OD death. We're having problems with this issue all over. Went to a meeting, Dr. Castiel went on for an hour and a half, just glad it was on video. Over the counter, bad idea.

Jim Whalen: In regards to 8E, in support. State home that the people who live there, moved them out to the West Side, revamped the house, have kids moving in with major issues. Not lockdown security. It's right across from North High. North High has been doing a tremendous job. But now they're planning on putting involved with the Stetson School and 7 Hills Foundation. They didn't give us any answers to a lot of the questions. Kids are going to be moving in with criminal records. They have issues. Our concern is, with a full plate on Harrington Way, halfway house end of the st, North High, Ecotarium, Jack Barry. No issues with halfway house, but this organization coming in, we have no say. Federal or state program. Dover Amendment was for religious and educational purposes. 7 Hills using it incorrectly. Putting it in a residential area without due process. 7 Hills did not give us the truth last night. New program, no notification to people in the area. Ask City Council and manager, it's not an area for these people.

Susan Champeney: Regarding 8B, Pow Wow. I'm an artist who has been paid by public and private organizations to create art in Worcester. Strong history of paying artists. Well-known concern is their model of asking artists to work unpaid. Whether they wish to or not is academic. Sad that such an exciting and well-funded project does not honor tradition of paying artists. Worcester no longer values artists and creative work. Heard great things about economic impact for downtown, but what is the economic impact for Worcester's artists and the Pow Wow artists. Economic impact only happens when money is involved. Extremely difficult to put up a mural due to sign ordinance. High barrier to entry has muffled mural creation for years. Not surprising there's a perception there are no mural artists in city. Worcester does not need another committee to approve work. Needs less barriers to success.

Josh Croke: Regarding 8B. Action Worcester, operating org for Pow Wow. Execution was done by local festival committee. Collaboration with Pow Wow worldwide, communal interest. This was focused on bringing the international art scene to Worcester, city as a hub, but also building new partnerships. Artists who participated were curated by Jasper Wong, model does not pay artists. Invitational, nonprofit event. Multiple artists from Worcester involved as artists and/or committee members, WPS students also got involved. Fundraiser to support Main Idea, local org. Primary focus was community development here in Worcester. Strategic partnerships like Pow Wow and events throughout the year add to the cultural evolution of the city. People are talking about Worcester on an international level. Have encouraged people to visit Worcester. Would be a shame to lose that out of fear that our local voice is dampened. In fact, over a million people, 60 countries, talking about Worcester, voice broadcast.

Martha Assefa: Got engaged, in front of a beautiful mural that said “Marry Me.” We're starting a tradition. Most special moment of my life happened because a million people worked their butts off for a year. Thank you for making this collaboration happen. Thank you for making my city beautiful, making the most important moment in my life picturesque.

Jessica Walsh: Director of Pow Wow Worcester, Worcester Wares owner. Embarrassed and upset that we're here tonight. First opportunity for Worcester to be looked at on an international level and we're getting in our own way. WE can't continue to live in a vacuum. We need to look at new things. Outside investors – argument that we need to keep everything local is not realistic. Pow Wow included 80 artists, 45 from Worcester, 50 from MA. Fundraiser raised $10,000 for Main Idea, art program for Main South youth, $2k to Sprinkler Factory. When it comes to paying artists, I believe in it, not us on one side and them on the other. This is not the platform for that fight, this is a different animal. These are professional, they have agents, this is not their first rodeo. This idea that artists can't donate their time – if lawyers or doctors donate their time, it's seen as amazing. Why when artists do it they're seen as being not smart enough to get paid. Worcester artists – people would be going crazy, but our energy is being spent here, defending something wonderful in the city. People who hadn't been downtown in years were downtown. People are commissioning artists who were in Worcester to come back. There's great things happening in local art. I love you Worcester.

???: Respect. IT is wonderful that Worcester receives gift of murals, fantastic feat of fundraising. We should be crowing about that gift and its value, monetary and emotional. That were are not shows a distinct disregard for the art. Obstacles. The sign ordinance. It is cumbersome, time consuming and a royal pain. Pow Wow bypassed it with great results, but I cannot see how adding another oversight committee will be any help in beautifying the city. Unintended consequences. I believe a person should be paid for their work. Disingenuous to pretend there is no cost, perpetuate the myth that artists are happy to work for exposure. If you want to give me a gift, great, your choice. Then I say thank you. We didn't do that. Art is not free. Either pay for it with money or profuse and public praise.

Kyle Manuel: MY students got to go to Pow Wow, got to see all these murals. As a WPS teacher, hope to get kids excited about the city. To see art, massive sized, got them engaged and interested. They're drawing murals in our school now. It inspired them to create art. Thank you to Pow Wow.

Scott Boilard: Born in this city. Done Start on the Street, shows outside and outside Worcester. In all this time I've known a lot of the public showing artists, what everyone says is why can't we get something big happening here, getting people talking about our art scene. For the first time in 17 years, I saw something that went beyond big. We've done a lot of great things. But this is something that shows not just our community, but the world, look who we are. And it makes people want to come here and be involved. Makes it a place where people want to be artists and take part in a scene that's big, that's huge. I was asked to volunteer, invited to be part of this. Understood by me that this was not a paid thing. Supplies, etc paid for. A lot of people say you're getting exposure. While I was on the Common, I had numerous people ask me where else I am showing? I told them things that were coming up. I even had someone contact me about a possible commission. If that's just exposure, I'll take more of it. I want more of it. That kind of exposure is going to get people from outside the city to look at our artists, and pay our artists. Very important that this Pow Wow happens again. The benefits to the art scene, cultural thing, the potential is so huge.

Gabe Rollins: IT's a horrible thing that with all the wealth in this city, not enough directed to art. Pow Wow is not a business transaction. It's an international event. Got married this week, rushed downtown to get a picture in front of the mural that says Love You, Marry Me. Artist came all the way from Germany to paint that. On a list with London, Berlin, Cape Town, etc, Worcester. Breath of fresh air to hear Worcester with those cities. Isn't that exciting? It's incredible. All those cranes, all that construction. In 30 or 40 years, I hope I can say I got married in 2016, the year Worcester realized it's not a suburban town with an urban core, but a city, and it started behaving like a city. I hope that's how the conversation goes, because it could just as easily go another way, and it could be, that happened a long time ago, but Worcester looked a gift horse in the mouth.

Terry Kelly: On 6K. All public meetings at City Hall should be televised, advertised. This meeting here, this should be on TV, the agenda. People don't get to see this. People need to be notified. Its not on TV. You can get on the internet and watch this meeting, and you don't know about half the stuff being addressed. Also, we should have 5 emergency shelters. Anyone could go there, even you Mayor, you could go there. As far as the Pow Wow, I loved the murals. I thought they were paid. Would you work for nothing, Mayor Petty?

Donavon Blumefield: Petition on septic tank. A shit tank [Petty: Don't say that again]. It was supposed to be corrected in 1934. Was supposed to be connected. I have a family, 2 kids in the back of the yard, suddenly feces coming up in the yard. You said I was connected. Then, a year later, feces coming up in the yard. I was the victim, for 15 years paying for a connection. I still got feces coming up in the back of my house. I'm very upset with you people. I need help from you people. Feces coming up in my yard. Enough's enough.

Albert Lavallee: President of District 2. One of the owners of Deadhorse Hill on Main St. Also, sustainability consulting. These small business employ 45 people, vendors in the area. The success and failure of these businesses is dependent on support of the community. Strong believer in the city. We need more people working constructively. People like the folks who organized Pow Wow. Brought 100s of people downtown to eat at our restaurants, use our shops. Based on international model, does not pay artists anywhere in the country, but these people enter into that contract knowingly and excitedly. People were thrilled to be here. We need to look for positive change instead of finding fault with things.

Tina Zlody: Incredibly embarrassed that Pow Wow is being talked about in negative terms. Why are we letting one person dictate this. 3+ million impressions on the page, how proud should we be? I saw restaurants full, etc, the fact that we're throwing a negative bent on this is ridiculous.

Jessica Lochlan Curtain: Run Puncake ????. Support local artists and artists from NY, LA, etc. Over the course of Pow Wow we were proud to support, and had local artists invited to participate in various capacities. Concerned with the tone and direction the conversation has taken. WE just held an amazing art festival, and instead of the reflections we should be having, and how can we make it better, it seems like we are facing the inquisition and answering questions that have been asked before. Our questions have been answered. Has been talk about what would be possible for next year. Please give Pow Wow a chance. This was amazing. There was a businessman who wouldn't give up his walls for murals, and a change happened, and that artist from Palladium is being contracted to come back.

John Bowe: Artist and gallery owner. I strongly believe in the transformative power of art. I just don't understand why you would want to stop that change. All volunteer group, even the event team. Why would you want to stop that flow of change? Impressive to see that activation of the city. We're looking at it in the wrong direction if we think that art is a bad thing.

Mike Sullivan: From Boston. Spent half time in Worcester. Part of group of artists. It's hard. The city doesn't really support us even though we do work for them. It is a pity to see the state of art in my city. Seen it flourish here, the general vibe, it's a change. Getting any work done in the city is difficult. WE live in a continual sea of red tape. Anyone who's ever tried to do anything in Boston without money to cut through red tape can agree with that. When there's something as important as public art, but also is something of an economic byline. Putting more red tape on top of something like Pow Wow is a mistake. Just trying to pick itself up. When you have a project that could be as longrunning as this, there are going to be mistakes the first time around.

Jessica in Worcester: Got to experience Pow Wow in a couple angles. Friends on the committee. Also manager at CC Lowell. Influx of people coming in daily, could hardly keep up with demand. Preserving history in Worcester. Co-founder of Main Idea. Benefited from Pow Wow fundraiser. Blown away. I'm going to cry thinking about it. Raised $10,000, already paid for program next year. We're completely volunteer run. It's invigorating.

John Allen: From Fitchburg. Did dragon mural at CC Lowell's. Also, mural on front of the Y. Curatorial process – there are cities around the world begging for Pow Wow to come to their city and let Jasper Wong amass people at the top of their industry. When these artists come to a city like this it lifts the culture. The response I got from people was amazing. Gives new sense of hope. Che Anderson and Hank Von Hellion flew to Hawaii on their own dime to recruit this guy and get him to come to Worcester. Not New York, not Boston – Worcester. I'm a believer in the market, let people do what they do. If this happens again next year, hopefully it will, there should be an initiative to meet people. As for getting paid – as soon as I found I was accepted, I was excited. It's an incredible opportunity, we go into it knowing full well it's a labor of love, that pays more than any monetary value.

John Provost: Speaking on 7A. Over the last 60, 70 years, since WWII, we've had a relatively full employment. Quotes Bible, Protocols of Zion. There can be no equality. Not something I agree with, just a fact. Apartheid is over, but you can go on the internet, still people living in ghettos. Also, item on Mass Democrats support public hearings and other opportunities for systems to affect legislative process.

Doug Chappel: Back in February of this year, I found out WCUW was going to be having a wall of murals, 6 panels, and it was opened up to all artists from wherever. Given parameters, history of radio station, etc. We were told that were were going to be given an $800 stipend. As soon as I found out, I raced down there after cab driving, I took photos, I was very excited. I went home, thought about designs. I can add something to my community that means something. I did my first mural ever on this wall with help from friends and research. Three of the 6 panels by local artists, but the idea that local artists could have impact on their walls and it means something. Applaud Pow Wow for bringing attention to Worcester. This is all great, but I'd like Pow Wow to take into consideration what gets left behind. Once the artists leaves we have art on the walls, but it would be nice to walk by a girl downtown done by a local artist. I'd like to be able to know, that's a guy I know, that means something to me, he's from here. Would just like a little more local into consideration, that's all I'm asking.

Candy Murphy: How could you be having a hearing about this amazing event? I moved to Worcester 4 years ago, opened business. This is exactly what should be happening and continuing to happen. Brought so much positivity. The artists involved are businesspeople. I make choices all the time to donate time or food or something to a cause or to events, sometimes to promote my own business and sometimes for my personal agenda. This is how this is run. We aren't going to change Pow Wow, it is already what it is, and it's a great thing. I've had extra business, people want to get engaged in front of the mural and then eat at my restaurant. I'd love to volunteer next year.

Sean Woods: Owner of Deadhorse Hill. Worcester was a hard pill for me to swallow, moved here reluctantly 8 years ago. I always knew there could be something better, found other people felt the same way. Through this program, for 10 days in downtown Worcester, spectacle of something incredible. 3.1 million views on Instagram, and it didn't involve a shooting or some horrific crime. Things like this need to happen in Worcester more and more. Tremendous facelift. I get to look at the mural of the woman with the snake, draws my attention away from the old Club Rehab sign on Irish Times. If there are people who felt they were left out or things were disorganized, that's something to be resolved next time, and driving a negative wedge through this is hard to hear.

Pedro Figueroa: Proud Worcesterite. There's been a cloud over this city for a long time, and it's maddening. We talk about wanting to be bigger than Boston or Providence. I DIDNT PLAN ON SPEAKING. Challenge anyone who wants to make change to do it. Do it. I got approached a year ago, took a lot of time and sweat. IT's a labor of love, and all that time was donated, all that time was free. I'm an actor. I found my love of acting because Worcester had theater. Have no problem giving back to Worcester. People aren't doing this because they're getting paid for it. Most of the people I went to Holy Cross with do not live in Worcester. Idea here is to get people to stay here. It sickens me that we have to be here tonight to defend how great an event this was. This was 10 days of inspiration that took over a year of planning to figure out. People want to have legacy in this city, any artist with a mural has a legacy in this city forever.

Richard ???: From Worcester, moved to Boston, came back reluctantly. Manager at CC Lowell. Prouder than ever to be a part of the city. I'm an artist, why we're all here is awful. This is not a platform to talk about artists getting paid, bringing art to the city. Think it's wrong that we have to pretend this is an issue. This was about making our society better. I saw people downtown doing things I've never seen them do. Walking around, talking about art. Love my town, love this city, and I wouldn't change any of it. I hope more murals go up, and I think we're all being paid for it when we have a great conversation about art.

Eric Rutman: Met these artists, people I look up to, and to get a chance to talk to them was great. Pow Wow was nothing but excellent.

PETITIONS

6K: 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.

Jo Hart: The reason I had to word this so peculiarly is so everyone would get it. I don't mean just a meeting that happens to be public. I mean a meeting about the subject. WE don't have that, we kind of talk at each other. We've accomplished nothing. Homelessness, asked for meeting, no one knows what to do about homelessness. What do we do? Do we kill them? We refuse to talk to each other. Worcester wants everyone out of the city who doesn't drive, who doesn't own a BMW and a condo. [Petty: Can you wrap it up?] I'd like you to wrap it up. Have a meeting.

WAGE THEFT

11A: 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.

Petty: We talk about wages, making sure people get above minimum wage, would like more high-paying jobs. Can you imagine taking a job and getting paid less than minimum wage? Working off the clock? Independent contractors, no pay scale. Globe did a story, epidemic of people getting underpaid or not paid. 5K wage theft cases filed every year. People afraid to confront employers. Other communities have passed this, state is looking at this, federal govt is look at this. Would mean someone applying for contract with city would have to post bond if they have violations of wage laws. We've been talking about wages every other month on this Council. People deserve to be protected.

King: This is a very important order. Everyday folks having to choose between paying rent and buying food. Employers choosing to play by correct rules are at a disadvantage. We need to send the correct message – time for our laborers to no longer get the short end of the stick. What better way to infuse our local economy?

Rivera: No-brainer. We're saying we want people to uphold the law. You cannot steal from someone else, if someone works you cannot steal their wages. Important there is equitable economic development. Reality is many times they're a marginalized community. This is an easy one – how do we support an ordinance upholding the law?

Lukes: I would say this is an easy one. If you read the ordinance – city contractor, employer who seeks to hold contract for goods, services or labor. Check with purchasing office, they will tell you 60 percent of RFPS are goods and services, not labor. Want to make motion we omit goods and services, leave labor in there. Used to get complaints from vendors that the city was late on paying its bills. This does have some complications. Concerned that when we take a hard line – what do we do with new contractors? Many minority owned. Are we going to come down on this and slam them, make sure no one who's non union gets a contract with the city. Also wants to amend 3 year period of time to 1 year period of time, same with 2 year. Time for employer to overcome the mandates of this ordinance and get their act together.

Toomey: Due diligence should be enacted on contracts. Company doing the roof on Quinsigamond School was in violation of wage law. Important for people to pay employees. Not fiction, it happens.

Gaffney: Now it's been 2 weeks, have not heard anything from businesses, Chamber, so inclined to move the item forward. Concerns about goods and services, too broad? Would like caution on that end of it. A year ago, Mosaic, they weren't paying employees. Wasn't so bad back then, nobody cared, no fraud there. But here we are putting together an ordinance saying everyone should get paid. I agree with it, but kind of silly to hear it both ways.

Amendment – eliminate goods and services

Fails 9-2, Lukes and Gaffney in favor

Amendment – lower time frames

Fails 10-1, Lukes in favor

Motion to move to ED committee

Fails 9-2, Lukes and Gaffney in favor

Vote on ordinance

Passes 11-0

POW WOW

8B: 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: When we first had notice of this in August, there was a reference by CDO that said cultural coalition etc committed to expand public art. I was not quite understanding what the role of Pow Wow was given my first impression that it was a city oversight process and the city was directly involved. When I first got on the Council I asked for a sports and arts committee. When I was mayor, my chief of staff was a museum curator. We had showings in the mayor's office of local artists. I have always been supportive of art, and I consider even buildings public art. The city really should take an active part in how the city looks. I was somewhat disappointed in some of the presentations that this was energy being wasted. I think this has been so necessary as a public conversation so long overdue. I think we all learned something valuable here today. This was a constructive conversation. I don't think anyone here, including me, realized obstacles by sign ordinance. If we're going to be doing any future projects, I think we need a partnership with Worcester cultural coalition. No problem with art and censorship. Interesting we just did the wage theft ordinance. Clearly if we're going to go forward with future projects, we need to have the Council involved. Doesn't mean we have the right to veto anything, but we do need more info than we got. We got a clearer understanding of where the artists were coming from. Further projects with public art, should not be limited to wall murals, we need more input. It has to be a process that's much more open than in the past. It says a lot about Worcester that we've gone so long, this conversation, want more art as part of the city. Motion to more to Economic Development committee, would like to see more conversation and involvement. Would like to see more artists involved, whether they're angry or happy.

Augustus: Thank you to everybody who was involved in bringing this energy, vitality to the city. I can't imagine what else we could have done. What else could we have come up with that would create 3 million impressions around the globe in the most positive way. Didn't cost a nickel of taxpayer dollars. Government supported a little bit – first, do no harm. Try to stay out of the way where we can and let the creativity and energy loose, but don't get in the way, don't create additional barriers and red tape. Concern about artists not getting paid. Healthy discussion. I would suggest that artists are pretty smart people, and they can make smart, sound decisions without a paternalistic feeling about who should get paid. We watched the Olympics. No one was paid to be in the Olympics, but they get a lot of benefit from it. I think we've already heard some of that take place. Also, from city perspective, economic activity. That's only going to grow as time continues. To have people walking around downtown is exactly what we're trying to do as a community. Getting people to come here is something we've been talking about forever, and it dropped in our lap. As a city, we should be supporting and appreciating it as much as possible.

Economou: Artists knew what they were doing. Opportunity to market themselves internationally. Didn't cost us a nickel. I haven't heard one person talk negatively about it, even those who emailed me asking for more local artists. All great cities have murals, artwork, paintings. This one event has elevated us. Look forward to supporting this next year.

Gaffney: Saw Worcester Magazine post an editorial. A lot of negativity because of what's on here, I don't know, it is what it is. What happened tonight, got a call from the writer of Worcesteria. I said I didn't know what the maintenance plan was. We found out that the reason Pow Wow had a $200k budget was for 5 years of maintenance. These things get into disrepair, so it's good to maintain. Some people for and against getting paid. Dianne Williamson article about it, which unfortunately forced me to read a Dianne Williamson article, but that is what it is. I didn't think questions were negative. We heard a lot of feedback, why weren't there more local artists involved. Inquiries, payments for benefits of artists, etc. Decent order to get information out, highlighted it. At the end of the day, heard from artists that they're fine with not getting paid, but they wanted a big thank you, CM did it, I'll do it again. Didn't think it was negative. Editorial in Worcester Magazine with negativity toward councilor Lukes, unnecessary. End of the discussion, some people want people to get paid, some people don't. Benefit of the bargain you struck, if you say you'll do it for free don't say you want to get paid later on. Kind of up to the organizers of Pow Wow.

Toomey: Former art teacher. Proud of our city. Witnessed an incredible synergy in this city, have not felt this before. Inclusive of local people. We have people from multiple cities, multiple languages. Represented our population. Wonderful that people in all these countries are talking about Worcester. This wasn't done by govt, top down. This was done by people with a love of art making something happen. Debt of gratitude. This was a labor of love. City should be grateful to all who participated. Artists for centuries have not been paid appropriately. But this is one of those things you choose to do. That pays off in the end. Envision more art – sculpture in medians, so much that you could do.

Rivera: Pow Wow was good, didn't need this item to highlight anything. What can we do to make things like this happen? You cannot have solid economic dev without community dev. City has begun to flourish. How do we build on econ dev? Must be frustrating for people who worked this. Not just here, all over the world. Way they did it here was no different from other parts of the world, amazing we had it here in Worcester. Continuing to be more progressive, out of the box thinking.

Rosen: If it ain't broke, don't fix it. This is certainly not broken, it is special. As a speaker said, why would we try to turn a positive into a negative? We're not used to having nice things. Now we have food trucks, going to have dog parks. Not necessary to suggest we can't have these nice things. WE want them, let's accept them.

King: Thank you to folks who showed up. Honor to hear the passion, economic impact, community impact, impact on our kids. Father of two, soon to be father of three. Youngest daughter, as soon as murals were completed, we went around and tried to find them, had a great time. Same thing with older daughter. That's what this is about. Visitor from Jersey, same thing. Brother brought first murals to Philadelphia prisons, impact on morale there. Through power of art that we can move communities. Why can't we just let the artists express themselves? Pow Wow is going to continue hour after hour, tweet after tweet, snapchat after snapchat. Disheartened when I saw this item. Support filing this item. What we heard tonight answers all the questions, don't think we need to send it anywhere. Motion to file.

Carlson: Thank Pow Wow. No negative there, all a positive.

Petty: All these people gave positive comments about city and where it's going. Restaurants coming to Worcester. We are getting our name out there. More Facebook conversations about Pow Wow Worcester than Pow Wow worldwide. That's how much exposure we got. It's because of people like this. These people raised money, believed in Worcester. Made me proud to participate in the events. People coming downtown specifically. Growing pains, some issues, there always is, but to watch the arts community grow here in the city, they believe in the city. $2.5 billion being invested, people from outside the city believe in it. I hope this grows. We recognized all the artists, key to the city. These people stayed here until 9 pm. Because they believe in Worcester. Thank you.

Send to ED Committee

Fails 9-2, Economou and Lukes in favor.

Lukes: Holds item.

DOVER AMENDMENT

8E: 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: This is an item that's been hanging around for a bit. I know it's controversial. For me, it does not attempt to tell nonprofits that they are not welcome in Worcester. Does also not attempt to tell nonprofits they can't set up shop, does not tell them their services are not needed. With some addiction problems, they are needed more than ever. But what it does say is you're a business, and if you were not a nonproft business, you would have to go through same zoning process as another business. Does not interfere with ability to operate in certain zones, just in a purely residential zone. Meeting last night on Harrington Way understands frustration. No say in who their neighbors are going to be. WE can tell these residents nothing comforting. Part of the reason you buy a home in a pure residential zone is so you know you're living, if you want a business next door you can move to a mixed use neighborhood, we have plenty of those. When neighbors contact us, we could have something we can offer them. This isn't inventing the wheel. This is done in Cambridge. Fact that we didn't know that doesn't change that fact. There's a few lawyers floating around Cambridge, if they haven't challenges it … If we don't want to do it let's take a vote and say we don't want to do it. Anyone at that meeting last night understands the pendulum has swung so far to the other side that there's nothing we can do for residents. Application for zoning relief – says to prove to us the use isn't detrimental to the neighborhood. IF we excuse the fact that a business is a nonprofit, what is clear to me that not only has it been successfully defended in Cambridge, but the fair housing act does defend it. Protects individuals with impairments. WE don't want to interfere with that. What it doesn't do is protect people who are sex offenders, people engaged in criminal activities. Doesn't protect people that are a direct threat to persons and properties of others. As broad as it is, as protective as it is, it doesn't protect every nonprofit. Let's focus on limitations that are legally possible for us to do. We have the authority to limit nonprofits in purely residential neighborhoods. Zoning causes a conversation to happen, much of which never happens. There are nonprofits that can prove they are not detrimental, there are those that cannot. If we're going to strive to protect integrity of neighborhoods, we have to be very, very creative in challenges we have in those residential neighborhoods. When we voted for TIFs, and there was vote for WRA, there were provisions that excluded nonprofits from receiving a TIF. Clearly we recognize the value in having a say in who our neighbors are.

Economou: Will not ECHO sentiments. Nothing more frustrated than getting a call on Friday evening from an organization letting you know they've purchased a property, this is what we're doing, and they don't have to meet with the neighbors or pay taxes. From WRRB – to meet Dover Amendment's definition, primary use of org and property must be education. Look at many of these properties – that's the rub. Education is not defined.

Gaffney: You bought a house in a residential neighborhood – I feel like I'm saying this every week – because of what it was. The character of the neighborhood. AirBnb, business out of the garage. You bought it because you want kids, a safe neighborhood, not having to worry about things, but an organization comes in with people with issues. It's an ongoing issue. Frankly, it's trying to maintain the neighborhood. Some neighbors might not have a problem with a particular nonprofit. Not every one is bad, but there's these ones that drop in, you find out the next day. Tempers flare. But we continuously get back to that fundamental argument, what is the neighborhood supposed to be? These people come in, you want to support an organization that will help people out, but if you want to live next to Adcare you move next to Adcare. Not bashing anyone.

Russell: That meeting last night was an interesting one. Facility across from North High. Not going to get into negative merits of that agency. It's something when a representative of the organization gets up and said, we will not be providing any education services. How the heck do you hang your hate on the Dover Amendment and stand up before a group of neighbors and say we're not providing educational services. Sent it to administration a while ago, has not come back since. Time for this Council to take the vote. If it's good enough for Cambridge, it's good enough for Worcester. It's time for all of us to tell our residents were willing to try to change the law so neighborhoods are protected. Friend of mine said she couldn't build a garage for my Winnebago – I guess she needed a variance – but they can do this and too bad. RG5 is residential, deserve same respect and notice as those on Dolly Drive or Salisbury Street or any street in between.

Lukes: This has probably been one of the more frustrating and persistent items in front of the City Council. Nonprofits relocated wherever they feel like relocating. Federal fair housing law. Motion – can we be reminded of the interaction of fair housing to nonprofits being exempt from zoning laws. Motion – costs of these nonprofits. I don't think it can ever really be measured because of the costs of public safety, education, parking etc and the cost of property values in the area. The real issue can be measured in the percent of nonprofits in the city. We all get the feeling it's increasing every year. Motion – additional compensation in form of local aid to cities.

Carlson: Meeting last night. Highlighted what C Bergman, Economou and Russell have so eloquently stated. Last night was highlighted for many of us, as a neighborhood that has lived with this agency in the neighborhood for 37 years, and we all respected them, they respected us, they blended into the community with us. For this to take place and not to share that you're coming into town is a disservice to the neighborhood. Our neighborhood would have loved to have the opportunity to wrap their arms around some of these children coming to this agency. My constituents last night said enough is enough. We have to figure this out. What are we going to do? We're at 40 percent nonprofits. Where does the money come from? It falls on the residents each and every year. I don't think us looking at this, finding out what is the best way.

Toomey: Been to fair share of meetings with agencies coming into communities. This was not a NIMBY. They had an opportunity to educate everyone about what was actually happening. They had an opportunity to be more upfront and progressive, created firestorm of anxiety. Time and time again we've had this issue come up. Tax base, what little we have, continually eaten up.

King: Social worker, talking about a youth program. These folks had impassioned concerns. Heard concerns, but also their heart pours out for this population. Concerns, but they wanted to be treated fairly. Saturation of nonprofits – perhaps a cap makes sense. My concerns is about liability. We talked about fair housing, attached to discrimination concerns. This council has gone down the road before, we've ended up on the wrong end of decisions we've made. Somebody has to take care of these children somewhere. It's our duty as a municipality, as a state, to make sure these young men become productive citizens. If it means surrounding towns have to do their part, perhaps there's a way. It's a very fine line.

Bergman: What this doesn't represent is a comment that social services agencies aren't needed. But there is a dilemma on the fact that there's no impact from residents in the conversation. Also, meant to say MG, not RG. Inclination to move to manager for further report – I have been struggling with other to try to get an endgame, a vote on this. Has been kicked around for 2 years, with all due respect. Not a vote to have a home rule petition. Just a rule to get report in 30 days. I've been on the council long enough, I know certain issues are tough to deal with, but we have to deal with this.

Rosen: We've had this issue in front of this for many years. Preserve residential character of neighborhoods. Ironic that nonprofit agency would plow into neighborhood, offer no information. It's the neighbors of these nonprofits that are paying the freight. You would think they'd want to cooperate with their neighbors who make it possible for them to set up shop anywhere. We've got to do something.

[Mass hysteria over procedure]

Passes 11-0.

DROUGHT

9A: Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to the announcement of a Water Supply Stage 3 Drought.

Phil Guerin: Currently at 55 percent capacity, Quinapoxet (2nd largest) is empty. Emergency declared Sept 8, ban on outdoor watering. Looking at a fairly serious situation. We are now buying water from the MWRA.

Toomey: Question about sprinklers going in parks. Commissioner said it is taking time to shut off sprinklers.

Augustus: I got a lot of those helpful calls as well. We've asked folks to supplement the one person shutting off sprinklers in parks. Hopefully our sprinklers are now shut off and our parks will be as bone dry as everyone's lawns.

Economou: Plan going forward? Forecast not changing? And what's the status of the Quabbin, and how does that affect us?

Guerin: Quabbin – it is 80 percent full, 4-5 years worth of water in it. MWRA not in a drought situation. More than happy to sell water to Worcester. The plan – doesn't look like there's a change. Buying water for the MWRA – supplementing our supply. Currently using 24.5 million gallons per day, hope to reduce that. Actual withdrawals from our reservoirs is 8 mil per day with buying water.

Economou: How many buy from Quabbin?

Guerin: Some regular, some emergency contracts. Quabbin in good shape.

Economou: Did we meet our savings goal?

Guerin: Have achieved getting it below 25 mil per day under Stage 2, current goal for Stage 3 is to get below 20 mil, tough.

Economou: We could be in for a tough go. Just trying to see how this impacts us in the future, not just with water but budgetary restraints.

Lukes: Does this mean water rates are going up?

Guerin: At present, looking to use reserves to fund purchase of water. Depending on how long we have to buy water.

Lukes: Stage 4 emergency – what is Stage 4?

Guerin: Stage 4 is the point we were at during the 1960s drought. As bad as it gets. AS far as restrictions, could be looking at shutting down sewer or water main work, moratorium on activating new connections to water system.

Lukes: Trends don't look good – heading for Stage 4?

Guerin: All we can do is base predictions on current trends.

Augustus: This is why we need everybody to work together. Financial interest, access to water interest. Need to take this seriously, do everything to comply with water restrictions, use common sense at home. Reducing consumption could help us stave off a Stage 4 drought.

Toomey: Where is water from? Where do we connect?

Guerin: Tunnel connecting Quabbin to Wachusett, east to Boston. Built a pump station on a vertical shaft to that tunnel, draws water up out of Quabbin aqueduct.

SANCTIONED SITE

7A: 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.

Rivera: Just about asking, that's what we do in committee. Even had someone from the media call me and say we tried to find it. Didn't highlight quality of life task force, bulk of conversation. Have to be careful about people with agendas, attacking people. Dr. Castiel, great work. It's what we do in committee. Not enough info to make a decision, not even how it reads.

Gaffney: Motion to file 7A.

Rivera: Opposed. That's what we do in committee. People want to politicize this.

Lukes: Motion to hold.

BACK TO PETITIONS

6E: Donavan Bloomfield request the City process the connection of the sewer disposal system at 32 Zenith Dr. to the City's sewer system.

Russell: Can manager address it? Had neighbor with similar situation. If we took money from him over the years, can't we give it back to him?

Augustus: Obviously very unusual, very sympathetic. I had my staff literally fill out for him all the reimbursements he was eligible for because he didn't want to do the paperwork. $860 he was eligible for. Law only allows us to go back 6 years. Asked solicitor if there was an ability to go back more years. No matter how many different ways I asked, solicitor said there's nothing we can legally do. Not willing to break the law, we did literally everything we could. We've done as much as we can do as a city.

Lukes: Can we do a home rule petition for this homeowner?

Russell: Way to waive sewer connection charges?

Augustus: Line goes up to his house, but he'd have to realign plumbing. It's all internal – we can't pay to replumb his house, but the line is right there.

TABLED

11B: 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.

King: Challenge as the sun goes down. The amount of time we keep public parks illuminated changed this offseason. Murders, other types of illegal activity. This order is about trying to bring light to the dark spaces. In some parks we have a system where remotely you can access lighting. Always concerns about lights impacting neighborhoods. Just a request to Parks about how this may improve public safety. Is done other places.

11C: 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

Passes 11-0.

Lukes: Not going to change my vote, but maybe have a swap shop. People could drop off items, could be picked up by other members of the community.

11D: Amend Chapter 13 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.

Passes 11-0.

12J: 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.

Economou: Motion to file.

Lukes: Object. On School Committee side, works differently. Name of original petitioner follows it. Send to Rules Committee.

Toomey: I filed something like this.

SUSPENSION

Carlson: On 13C (disclosure of donations/lobbying from TIF-seeker at SWIP). All public info. Maybe we could put a link to OCPF.

Gaffney: Point of order, it has already been adopted.

Clerk: Agree with Gaffney. Just on there so people can speak on it if they want to.

Petty: Doesn't make sense with open meeting law. We'll come back to that.

Rosen: Coes Family Day. Great pictures by Tom Quinn. 300 people showed up, used boats, including duck boat. Food was free. A little wet, it did rain. This Thursday, Parks committee meets at 5:30 to discuss dog parks, change in ordinance and prospective dog parks.

Petty: Sunday, Start on the Street.

King: Attended ceremony at Foley Stadium, what they did over there with DA's office, Duddie Massad, Home Depot, renovated field there. Focus on providing healthy activities after school, provide opportunity and venue for activities.

Moore: Rule 33D – items taken up under this rule not held or postponed and listed, public participation rules should apply. So they're on the agenda for public participation, but they were voted one way or the other last week.

Petty: If the public wants to speak on something, why would they want to speak on something that's already voted, they can't change our minds.

Moore: Rule says put them on the next agenda for public participation.

Gaffney: Maybe on 13C, my concern is to have that in the public domain, voting or nonvoting, don't want people to think there's a quid pro quo or tit for tat. I understand it's available on OCPF. Just making sure there's some disclosure.

Meeting adjourned at 10:19 p.m.