CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 8, 2018

Esther Howland Chamber

Convened: 6:32 P.M.

Adjourned: 8:29 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Morris A. Bergman Khrystian E. King
Konstantina B. Lukes Candy Mero-Carlson
Sarai Rivera Sean M. Rose City Clerk
Susan M. Ledoux
Gary Rosen George J. Russell
Kathleen M. Toomey Matthew E. Wally
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE & STAR SPANGLED BANNER

2.

ROLL CALL - All present with the Mayor as the Chair except for Councilor Rose.

3.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

3a.

Richard Cavalieri and Daniel Cahill were recognized as winners of the Thomas S. Green Award, an award given out by the Worcester Research Bureau for outstanding public service, and also received Keys to the City for their hard work and dedication to the City of Worcester. Mr. Cavalieri has worked for the Department of Public Works and Parks for nearly forty years, and Mr. Cahill works as part of the Quality of Life Team working with Worcester’s homeless population.

 

3b.

Mayor Joseph M. Petty read a Proclamation declaring May 12, 2018 as National Association of Letter Carriers Food Drive in the City of Worcester. The Proclamation was presented to Norman LaFlash, who spoke concerning the Stamp Out Hunger Food Drive.

 

4.

APPROVAL OF THE MINUTES

4a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of April 24, 2018.

Attachments

Order adopted

 

5.

PUBLIC PARTICIPATION

5a.

Mayor Petty recognized the following speakers:
1. John Provost, Worcester resident, spoke in favor of #8m CC
2. Lisa Bilotta, Worcester resident, spoke in favor of #8m CC
3. Frank Zitomersky, Worcester resident, spoke in favor of #8m CC
4. Randy Feldman, Worcester resident, spoke in favor of #8m CC
5. Joe Reavo, Worcester resident, spoke in opposition to #8m CC
6. Toni Ostrow, Worcester resident, spoke in favor of #8m CC
7. Susan Lozoraitis, Worcester resident, spoke in favor of #8m CC
8. Moe Perkins, Worcester resident, spoke in favor of #8m CC
9. Dale Wickenheiser, Worcester resident, spoke in favor of #8m CC
10. Jonathan Ostrow, Worcester resident, spoke in favor of #8m CC
11. Barbara Haller, Worcester resident, spoke in favor of #8m CC
12. William S. Coleman, III, Worcester resident, spoke in favor of #8m CC
13. Jo Hart, Worcester resident, spoke in favor of #8m CC
14. Brian Leonard, Worcester resident, spoke in favor #8m CC
15. Teri Kelly, Worcester resident, spoke in favor of #8m CC

 

6.

HEARING & ORDER

6a.

Hearing: CHARTER COMMUNICATIONS for a conduit location at: FOREST ST. Granting permission to CHARTER COMMUNICATIONS for a conduit location at: FOREST ST.

Attachments

Hearing Held & Order adopted

 

7.

HEARING FOR PROPOSED AMENDMENT TO THE UNION STATION URBAN REVITALIZATION PLAN

7a.

COMMUNICATION of the City Manager transmitting informational communication relative to the Proposed Amendment #3 to the Union Station Urban Renewal Plan Approval Process.

Attachments

Mayor Petty opened the hearing for the Proposed Amendment to the Union Station Urban Revitalization Plan at 8:06 P.M. Mayor Petty moved to take the Item up with #9.4A CM. Item taken up with #9.4A CM on a voice vote. The amendment was presented to City Council by Assistant Chief Development Officer for Administration and Special Projects Heather Gould. Assistant Chief Development Officer for Administration and Special Projects Heather Gould outlined the three proposed changes to the plan, which included 1) expanding the plan boundary to add a portion of the discontinued Foster Street, no longer needed for street purposes once Washington Square was modified and the addition of the parcel with an address of 20 Washington Square, owned by the Worcester Redevelopment Authority, 2) the amendment of the disposition parcel comprised of the parcels at 0 Washington Square, 20 Washington Square and the discontinued Foster Street right of way, totaling approximately 47,000 square feet and 3) a change in use for this disposition parcel, which originally was planned on being used for retail purposes and is now proposed to be used for commercial purposes. Mayor Petty moved to close the hearing for the Proposed Amendment to the Union Station Urban Revitalization Plan at 8:11 P.M. Mayor Petty moved for a roll call vote to approve the Proposed Amendment to the Union Station Urban Revitalization Plan (see Item #9.4A CM).

 

8.

PETITIONS - a Petitioner may speak up to three (3) minutes the first time their petition appears on an agenda

8a.

Patricia Soucie request to make public Havana Rd.

Attachments

Referred to Planning Board

 

8b.

Councilor Candy Mero-Carlson on behalf of Jackie Kamenetsky request street lights be installed on Yukon Ave.

Attachments

Referred to Public Service and Transportation Committee

 

8c.

Elliot Honig et al request two trash receptacles be placed in the vicinity of 22 Newton Ave.

Attachments

Referred to Public Works Committee

 

8d.

Tefta & Marjus Gremaj request sidewalk repair in front of 9 South Flagg St.

Attachments

Referred to Public Works Committee

 

8e.

Mayor Joseph M. Petty request replacement of existing sidewalks on both sides of Benedict Rd.

Attachments

Referred to Public Works Committee

 

8f.

Donna LaMura et al request an opening cut in the traffic barrier opposite 175 Lake Ave. North to permit access to the dock at that location.

Attachments

Referred to Public Works Committee

 

8g.

Bob Richard of Worcester Investment Group request a sidewalk be constructed from the corner of Tacoma St and Clark St. extending to the entrance of 326 Clark St. (see attached).

Attachments

Referred to Public Works Committee

 

8h.

Councilor Sean M. Rose request sidewalk repair in the vicinity of 326 Burncoat St.

Attachments

Referred to Public Works Committee

 

8i.

Councilor Sean M. Rose request Sagamore Rd. be repaved from Park Ave. to Whitman Rd.

Attachments

Referred to Public Works Committee

 

8j.

Councilor Sean M. Rose request repaving of Burncoat St. from Mountain St. East to Apthorp St.

Attachments

Referred to Public Works Committee

 

8k.

Councilor Candy Mero-Carlson request the One Hour Parking on Draper St. be changed to Two Hour Parking 8:00 AM to 7:00 PM.

Attachments

Referred to Traffic and Parking Committee

 

8l.

LIGHTOWER FIBER NETWORKS for conduit location: FREMONT STREET

Attachments

Hearing set for May 15, 2018 at 6:30 PM

 

8m.

Ted Conna request City Council go on record in support of a three-month delay of any and all irreversible destructive demolition activity at the former Notre Dame des Canadiens Church and request City Manager to convey this request to Hanover on the city's behalf.

Attachments

Mayor Petty moved to resolve, “That the City Council go on record in support of a three-month delay of any and all irreversible destructive demolition activity at the former Notre Dame des Canadiens Church and be it further resolved that the City Manager and Mayor meet with Hanover to determine if an extension is warranted and would be effectual.” Resolution adopted

 

9.

COMMUNICATIONS OF THE CITY MANAGER

 

9.1

APPOINTMENTS
Non-City Council Confirmation
 

9.2

APPOINTMENTS
City Council Confirmation
 

9.3

DEPARTMENT OF HUMAN RESOURCES
 

9.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Recommend adoption of an Order relative to the proposed Union Station Urban Revitalization Plan amendment approval process.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent). Councilor Lukes moved for reconsideration on the Item. Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Rose absent).

 
B.

Recommend adoption of an Order to amend the Tax Increment Exemption Plan for Branded Realty Group, LLC for the Housing Development Certified Project at 100 Wall Street

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent). Councilor Lukes moved for reconsideration on the Item. Reconsideration denied on a roll call vote of 0 Nays and 10 Nays (Rose absent)

 
 

9.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Transmitting informational communication relative to the Adopt-An-Island Program.

Attachments

Referred to Public Works Committee

 
B.

Transmitting informational communication relative to an Integrated Plan Community Meeting to provide input as to the priorities of infrastructure needs to address our water resource systems.

Attachments

Referred to Public Works Committee

 
 

9.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
A.

Transmitting informational communication relative to the selection of the Nelson Place Elementary School replacement project to receive an achievement award from the New England Chapter of Construction Management Association of America (CMAA).

Attachments

Placed on file

 
 

9.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
 

9.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

9.9

FIRE DEPARTMENT
 

9.10

POLICE DEPARTMENT
A.

Transmitting informational communication relative to an update concerning the Worcester Police Traffic Division.

Attachments

Placed on file

 
 

9.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

9.12

LICENSE COMMISSION
 

9.13

LAW DEPARTMENT
 

9.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

9.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

9.16

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

9.17

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Public Health
 

9.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Elder Affairs
A.

Transmitting informational communication relative to the results from the Worcester Senior Center Participant Survey.

Attachments

Referred to Public Health and Human Services Committee

 
B.

Transmitting informational communication relative to groups that would be willing and able to provide spring cleaning assistance to elder residents in the City.

Attachments

Referred to Public Health and Human Services Committee

 
C.

Transmitting informational communication relative to a mechanism for community input to improve the Worcester Senior Center.

Attachments

Referred to Public Health and Human Services Committee

 
 

9.19

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Human Rights and Disabilities
 

9.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Veterans Services
 

9.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Youth Services
 

9.22

WORCESTER PUBLIC LIBRARY
 

9.23

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

9.24

PUBLIC SCHOOL DEPARTMENT
 

9.25

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
A.

Transmitting informational communication relative to an update of a previous report concerning what the impact would be if 4 to 8 unit properties and 9 or above unit properties were moved to a commercial tax rate using the current valuations and the rational the state used to classify income properties and how many buildings have 9 or above units in the city.

Attachments

Councilor Bergman moved to Table the Item Under Privilege. Tabled Under Privilege - Bergman

 
 

9.26

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

9.27

DEPARTMENT OF ADMINISTRATION AND FINANCE
Energy and Asset Management
 

9.28

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

9.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

9.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
A.

Recommend adoption of an Order to solicit and award a three (3) year Banking Services contract with an option for two (2) additional years.

Attachments

Councilor Wally moved to recuse himself from the Item and left the room. Order adopted on a roll call vote of 9 Yeas and 0 Nays (Rose, Wally absent)

 
 

9.31

FINANCE ITEMS
Capital Transfers
A.

Recommend that Forty Five Thousand Dollars And No Cents ($45,000.00) be transferred from Loan Account #91C784AT, Hadwen Park Improvements, and be appropriated to Parks Account #72C70245, Hadwen Park, to allow for the payment of current and future obligations associated with this capital project.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
B.

Recommend that Three Hundred Eighty Three Thousand Four Hundred Forty One Dollars And Thirty Eight Cents ($383,441.38) be transferred from Account #91C7804, Citywide Capital Equipment, to Account #25C701, Police Capital Equipment.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
 

9.32

FINANCE ITEMS
Grants and Donations
A.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Ten Thousand Dollars And No Cents ($10,000.00) from Office of Massachusetts Attorney General under the Healthy Summer Youth Jobs grant program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
B.

Recommend adoption of a resolution to accept with gratitude a donation of admission with a value of Twenty Five Dollars And No Cents ($25.00) per person from Central Rock Gym for Public Service Weekend free climbing event for WFD and WPD employees and their families.

Attachments

Resolution adopted with gratitude on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
C.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Eight Thousand Dollars And No Cents ($8,000.00) from the Central Mass Homeland Security Council under the Homeland Security program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
D.

Recommend adoption of a resolution to file, accept and expend a grant of up to One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) from the U.S. Department of Labor's Reentry Project Grant.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
E.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Thirty Six Thousand Seven Hundred Forty Three Dollars And No Cents ($36,743.00) from US Dept of Justice, National Institute of Justice (NIJ), under the Paul Coverdell Forensic Science Improvement Grants Program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
F.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Five Hundred Dollars and No Cents ($500.00) from the Massachusetts Cultural Council, under the 2018 Festivals Grant Award program, for the Worcester Art Council's international Make Music Day event on Thursday, June 21, 2018.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
G.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Fifteen Thousand Dollars And No Cents ($15,000.00) from the Worcester Public Library Foundation for the Worcester Public Library.

Attachments

Councilor Wally moved to recuse himself from the Item and left the room. Resolution adopted with gratitude on a roll call vote of 9 Yeas and 0 Nays (Rose, Wally absent)

 
H.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Five Hundred Dollars And No Cents ($500.00) from Texas Roadhouse, for the Worcester Fire Department.

Attachments

Resolution adopted with gratitude on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
I.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Ninety Five Thousand Dollars and No Cents ($95,000.00) from the Mass Attorney General's Office under the FY19 LCP grant program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
J.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Hundred Twenty Five Thousand Dollars And No Cents ($125,000.00) from the Kresge Foundation, under the Emerging Leaders in Health Program program, to support the Youth Division.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
 

9.33

FINANCE ITEMS
Operational Transfers
A.

Respectfully request that a total of Seven Thousand Three Hundred Seventy Three Dollars And No Cents ($7,373.00) be transferred from Account #043-92000, Economic Development Ordinary Maintenance, and be appropriated to Account #043-93000 Economic Development Capital Outlay, pursuant to Chapter 44 Section 63 of the Massachusetts General Laws. The proceeds will be utilized as part of the remediation effort at 152 Chandler Street for which the City of Worcester is responsible due to down-gradiant migration of hazardous materials from the former Worcester City Hospital.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
B.

Recommend that One Hundred Twenty Two Thousand Five Hundred Four Dollars And Forty Eight Cents ($122,504.48) be transferred from Account #260-91000, Worcester Fire Department Salaries, to Account #260-92000, Worcester Fire Department Ordinary Maintenance and Account #260-97000, Worcester Fire Department Overtime.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
C.

Recommend that Three Thousand Dollars and No Cents ($3,000.00) be transferred from Account #040-92000, City Manager Ordinary Maintenance, to Account #040-93000, City Manager Capital.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
D.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Account #411-92000, Snow Ordinary Maintenance, and be appropriated to DPW Account #410-92000, DPW Ordinary Maintenance, for expenses in excess of fiscal year 2018 budget.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
E.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Account #121-92000, Court Judgments Ordinary Maintenance, to Account #250-97000, Police Overtime.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
 

9.34

FINANCE ITEMS
Prior Year
A.

Recommend the transfer of Fifty Two Thousand Nine Hundred Eighty Dollars and Forty Eight Cents ($52,980.48) from EAM, Fire and DPW, for the payment of prior year invoices to Direct Energy.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
 

9.35

FINANCE
Loan Orders
 

9.36

MISCELLANEOUS AGENDA TRANSMITTALS
10.

COMMUNICATION

10a.

Department of Public Utilities transmitting Condensed Financial Return for year ended December 31, 2017 from NStar Gas Company.

Attachments

Placed on file

 

11.

TO BE ORDAINED

11a.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking Across From 26 Vinson Street..

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 

11b.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking Front Of 30 Russell Street

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 

11c.

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking In Front Of 3 Benefit Terrace

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 

11d.

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Amend Handicap Parking In Front 46 Sylvan Street

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 

11e.

Amending Section 29 Of Chapter 13 Of The Revised Ordinances Of 2008 Providing For Stop Sign On Stevens Road At Maywood Street

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 

11f.

Amending Section 29 Of Chapter 13 Of The Revised Ordinances Of 2008 Providing For Stop Sign On Westbrook Road At Chippewa Road.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 

12.

TABLED ITEMS

12a.

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 and Tabled - Rosen December 19, 2017)

Attachments

No action taken

 

12b.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Bruce LaBoffa request zone change for the property at 452 Southwest Cutoff from Residential to ML-0.5.: recommend passage of the accompanying proposed Ordinance. (Tabled - Mero-Carlson April 3, 2018)

Attachments

No action taken

 

13.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the May 1, 2018 City Council meeting.

13a.

ORDER of Councilor Konstantina B. Lukes – Request City Manager request City Solicitor provide City Council with a legal opinion as to what jurisdictions are in place that deal with Wage Theft, as well as what requirements and rights are in place for employers and employees. - Item #16a CC Order adopted

 

14.

NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the May 8, 2018 City Council meeting.

14a.

Motion Toomey @ #9.10A CM – Request City Manager consider creating a way to track public requests made of the Worcester Police Traffic Division as a way of reporting back to people whether their requests have been investigated.

Attachments

Order adopted

 

14b.

Motion Toomey @ #9.10A CM – Request City Manager provide City Council with a definitive plan to address traffic accidents involving pedestrians in the city.

Attachments

Order adopted

 

14c.

Motion Rivera @ 9.10A CM – Request City Manager provide City Council with a report concerning how the Worcester Police Traffic Division plans to address traffic concerns related to school arrivals and dismissals.

Attachments

Order adopted

 

14d.

Motion King @ #9.10A CM – Request City Manager provide City Council with a report detailing how the Worcester Police Traffic Division is teaming up with Worcester Public Schools to educate students on bicycle safety. Further, request City Manager include in said report how many students have been reached as a result of this initiative.

Attachments

Order adopted

 

14e.

Motion Russell @ #9.5A CM – Request City Manager consider not allowing advertising through the Adopt-An-Island Program at any location with significant historical and memorial value.

Attachments

Order adopted

 

14f.

Motion Russell @ #9.5A CM – Request City Manager provide City Council with an update concerning the repairs at the Billing Square Monument.

Attachments

Order adopted

 

14g.

Motion Toomey @ #9.18B CM – Request City Manager consider advertising the various groups providing spring cleaning assistance to the elderly community through neighborhood groups and local newspapers.

Attachments

Order adopted

 

14h.

Motion Toomey – Suspension of Rules – Request City Manager look into any recent sign pollution that has gone up throughout the City.

Attachments

Order adopted

 

14i.

Motion Toomey – Suspension of Rules – Request Mayor recognize Isaac Yiadom, a former student at Doherty Memorial High School and Boston College, for being selected by the Denver Broncos in the NFL Draft.

Attachments

Order adopted