CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 12, 2019

Esther Howland Chamber

Convened: 6:38 P.M.

Adjourned: 7:54 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.

INVOCATION - Reverend Dr. Kevin Downer, Greendale People's Church

2.

PLEDGE OF ALLEGIANCE (see #4a) & STAR SPANGLED BANNER

3.

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

4.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

4a.

Mayor Petty recognized Girl Scout Troop 64885 from St. George’s Church in Worcester, who lead the City Council in the Pledge of Allegiance. The Girl Scouts in attendance were Sesame Perry with Melinda Martin, Shyanne Patterson and Mia Berkiel with Julie Patterson, Cece Riveria with Sarah Riveria, Annabelle Wakefield with Jamie Wakefield, Abby Sanborn with Deb Sanborn, Sophia Wesson with Michelle Wesson as well as Elizabeth Vigneux and Cloey Jolly with Michelle Vigneux.

 

5.

APPROVAL OF THE MINUTES

5a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of February 26, 2019.

Attachments

Order adopted

 

6.

PUBLIC PARTICIPATION

6a.

Mayor Petty recognized the following speakers:
1. Bob Michel, no residence given, spoke under suspension of rules in regards to the Worcester Red Sox Ballpark
2. Gordon David, Worcester resident, spoke in favor of #9f CC
3. Jo Hart, Worcester resident, spoke neither in favor or opposed to #15e CC
4. Esther Faith, Worcester resident, spoke in favor of #13b CC and #13c CC
5. Patricia Padilla, Worcester resident, spoke in favor of #13b CC and #13c CC
6. Peter Delgado, Worcester resident, spoke in favor of #13b CC and #13c CC

 

7.

HEARING & ORDER

7a.

NATIONAL GRID for a conduit location at: PLEASANT ST. Granting permission to NATIONAL GRID for a conduit location at: PLEASANT ST.

Attachments

Hearing Held & Order adopted

 

8.

FIRST ITEM OF BUSINESS - BIANNUAL ECONOMIC DEVELOPMENT UPDATE - Rescheduled to March 26, 2019

9.

PETITIONS

9a.

Shelby Clark request the handicap parking space in front of 16 Thenius St. be removed.

Attachments

Referred to Traffic and Parking Committee

 

9b.

Peace Martinez request the handicap parking space in front of 44 Uxbridge St. be removed.

Attachments

Referred to Traffic and Parking Committee

 

9c.

Councilor Sarai Rivera request installation of Resident Permit Parking in Piedmont St. between Austin St. and Larch St.

Attachments

Referred to Traffic and Parking Committee

 

9d.

NATIONAL GRID and VERIZON NEW ENGLAND, INC. for a jointly-owned pole location on: WESTMINSTER STREET

Attachments

Hearing set for March 19, 2019 at 6:30 pm

 

9e.

NATIONAL GRID for a conduit location at: BELLEVUE ST. AND PLEASANT ST.

Attachments

Hearing set for March 19, 2019 at 6:30 pm

 

9f.

Gordon Davis request City Council to endorse the attached Resolution regarding fully funded schools.

Attachments

Petitioner spoke at Public Participation - Referred to Education Committee

 

10.

COMMUNICATIONS OF THE CITY MANAGER

 

10.1

APPOINTMENTS
Non-City Council Confirmation
 

10.2

APPOINTMENTS
City Council Confirmation
 

10.3

DEPARTMENT OF HUMAN RESOURCES
A.

Transmitting informational communication relative to the City of Worcester and Worcester Public School employees' wages for calendar year 2018.

Attachments

Placed on file

 
B.

Recommend adoption of an amendment to the Salary Ordinance for several seasonal job classifications in the DPW & Parks Department.

Attachments

Voted to advertise two proposed ordinances on a roll call vote of 10 Yeas and 0 Nays (Bergman absent)

 
C.

Transmitting informational communication relative to information to assist in the hiring of a City Council staff member.

Attachments

Councilor Lukes moved to Table this item Under Privilege. Tabled Under Privilege - Lukes

 
 

10.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Transmitting informational communication relative to the Worcester Wayfinding project.

Attachments

Referred to Economic Development Committee

 
 

10.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

10.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

10.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
 

10.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

10.9

FIRE DEPARTMENT
 

10.10

POLICE DEPARTMENT
A.

Transmitting informational communication relative to the illegal parking of box cars and tractor trailers throughout the city.

Attachments

Referred to Traffic and Parking Committee

 
 

10.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

10.12

LICENSE COMMISSION
 

10.13

LAW DEPARTMENT
A.

Transmitting informational communication relative to a legal opinion as to the jurisdiction of office space and facilities within City Hall.

Attachments

Councilor Mero-Carlson moved to Table the Item Under Privilege. Tabled Under Privilege - Mero-Carlson

 
B.

Transmitting informational communication relative to a report regarding the court action after Lynn, Brockton and Springfield enacted foreclosure related ordinances and how the previous ordinance enacted by the city may or may not have to be amended.

Attachments

Mayor Petty moved to recommit this item back to the City Manager. Recommitted to City Manager.

 
C.

Transmitting informational communication relative to information concerning actions taken by the Worcester Housing Court.

Attachments

Mayor Petty moved to recommit this item to the City Manager. Recommitted to City Manager.

 
 

10.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

10.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
A.

Recommend adoption of a Proposed Zoning Ordinance Amendment relative to parking and paving in residential front yards.

Attachments

Referred to Economic Development Committee

 
 

10.16

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

10.17

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Public Health
 

10.18

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

Recommend adoption of an order to approve a lease for space at the Worcester Senior Center by Prime Movement, LLC.

Attachments

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

 
 

10.19

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

10.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Veterans Services
 

10.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Youth Services
 

10.22

WORCESTER PUBLIC LIBRARY
 

10.23

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

10.24

PUBLIC SCHOOL DEPARTMENT
 

10.25

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

10.26

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

10.27

DEPARTMENT OF ADMINISTRATION AND FINANCE
Energy and Asset Management
 

10.28

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

10.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

10.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
A.

Transmitting informational communication relative to a report concerning any taxes owed on the Greendale Mall property.

Attachments

Mayor Petty moved to Table the Item Under Privilege. Tabled Under Privilege - Petty

 
 

10.31

FINANCE ITEMS
Capital Transfers
A.

Recommend that One Hundred Seventy Three Thousand Two Hundred Fifty Two Dollars And Two Cents ($173,252.02) be transferred from Account #91C780E, Schools Capital Equipment, to Account #50C702, Schools Capital Equipment.

Attachments

Councilor Rivera moved to recuse herself from the Item and left the room. Order adopted on a roll call vote of 9 Yeas and 0 Nays (Bergman absent)

 
 

10.32

FINANCE ITEMS
Grants and Donations
A.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Two Million Nine Hundred Fifty Six Thousand Ninety Eight Dollars And No Cents ($2,956,098.00) from the Department of Homeland Security, under the Staffing for Adequate Fire and Emergency Response (SAFER) Grant program.

Attachments

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

 
 

10.33

FINANCE ITEMS
Operational Transfers
A.

Recommend that Two Hundred Eighty Two Thousand Seven Hundred Fifty Six Dollars And No Cents ($282,756.00) be transferred from Account #33090, Reserve for Appropriation Peg Access Cable, and be appropriated to the accounts described to provide sufficient funding for the Cable Services for the 4th quarter Fiscal Year 2019.

Attachments

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

 
B.

Recommend that One Hundred Eighty Thousand Dollars And No Cents ($180,000.00) be transferred from Reserve Account # 330-54, Greenwood Street Landfill, and be appropriated to DPW Account # 41S607, Greenwood Street Landfill (City), to allow for engineering services for environmental mitigation.

Attachments

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

 
 

10.34

FINANCE ITEMS
Prior Year
 

10.35

FINANCE
Loan Orders
 

10.36

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Recommend adoption of an amendment to the Veterans Affairs Ordinance addressing the eligibility for veterans memorials.

Attachments

Referred to Veterans' and Military Affairs Committee

 
11.

TO BE ORDAINED

11a.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 86 Chino Avenue.

Attachments

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

 

11b.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking On Brookview Drive Near 40 Great Brook Valley Drive.

Attachments

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

 

11c.

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking Across From 6 Salford Street.

Attachments

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

 

11d.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 10 Delaware Street.

Attachments

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

 

11e.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 53 Plantation Street.

Attachments

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

 

11f.

Amending Section 29 Of Chapter 13 Of The Revised Ordinances Of 2008 Providing For Stop Sign On High Ridge Road At Flagg Street.

Attachments

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

 

12.

RECESS TO EXECUTIVE SESSION

12a.

ORDER - That City Council will hereby convene in Executive Session prior to the close of the City Council meeting on March 12, 2019 for the purpose of discussing the deployment of public safety personnel in the city’s schools. (Lukes)

Attachments

Councilor Lukes moved to Table this item Under Privilege. Tabled Under Privilege - Lukes

 

13.

TABLED UNDER PRIVILEGE

13a.

ORDER of Councilor Sean M. Rose, Councilor Matthew E. Wally, and Councilor George J. Russell - Request City Manager request the Superintendent of Public Schools consider funding field hockey programs at Forest Grove Middle School, Burncoat Middle School, Worcester East Middle School and Sullivan Middle School. These middle school field hockey programs can act as a bridge/feeder program to the high schools that offer field hockey programming. (Tabled Under Privlege - Petty March 5, 2019)

Attachments

Councilor King moved to amend: Further, request City Manager work with the Superintendent of Public Schools to continue the process to reestablish a citywide Middle School Sports program, which would allow boys and girls to participate in seasonal sports including cross country, track and field, volleyball, basketball, soccer, field hockey, lacrosse, crew, baseball and softball. Further, request City Manager identify with the Superintendent of Public Schools how the increased funding received for the schools can be used to expand the Middle School Sports program to include all sports. Order adopted as amended

 

13b.

PETITION of Councilor Sarai Rivera on behalf of the parents of the PTO at Woodland Academy request installation of a four-way stop sign at the corners of Oberlin St.and Woodland St. (Tabled Under Privilege - Rivera March 5, 2019)

Attachments

Referred to Traffic and Parking Committee

 

13c.

PETITION of Councilor Sarai Rivera on behalf of the parents of the PTO at Woodland Academy request installation of a three-way stop sign at the corner of Claremont St.and Woodland St. (Tabled Under Privilege - Rivera March 5, 2019)

Attachments

Referred to Traffic and Parking Committee

 

14.

TABLED ITEMS

14a.

RESOLUTION of Councilor Konstantina B. Lukes – That the City Council go on record in favor of supporting the Worcester Bravehearts as they plan for the future. (Tabled Under Privilege - Lukes August 21, 2018 and Tabled Under Privilege - Petty September 12, 2018 and Tabled - Lukes September 25, 2018)

Attachments

No action taken

 

14b.

COMMUNICATION of the City Manager transmitting informational communication relative to a legal opinion concerning the extent of discussion of City Council matters by City Councilors outside of City Council meetings. (Tabled Under Privilege - Bergman February 5, 2019 and Tabled - Bergman February 26, 2019)

Attachments

No action taken

 

14c.

ORDER of Councilor George J. Russell, Councilor Sarai Rivera, Councilor Gary Rosen, Councilor Konstantina B. Lukes, Councilor Khrystian E. King and Councilor Candy Mero-Carlson - Request City Council have the City Council Standing Committees on Public Works and Municipal Operations conduct a joint meeting about the future recommended staffing of the City Council office as well as logistics for office space for staff and City Council. Further, request the joint committee discuss potential recommendations regarding the job description and role of the City Council staff persons and further, encourage other City Councilors who are not members of the joint committee to attend and be included in the conversation. (Tabled - Petty February 26, 2019)

Attachments

No action taken

 

15.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the March 5, 2019 City Council meeting.

15a.

ORDER of Councilor Sean M. Rose – Request City Manager request Commissioner of Public Works and Parks provide City Council with a report detailing a long-term approach that could be implemented to decrease the speed of drivers on St. Nicholas Ave. – Item #14a CC Order adopted

 

15b.

ORDER of Councilor Konstantina B. Lukes – Request City Council meet in Executive Session on March 12, 2019 for the purpose of discussing the deployment of public safety personnel in the city’s schools. – Item #14b CC Order adopted as amended

 

15c.

ORDER of Councilor Konstantina B. Lukes – In consideration of the votes being taken regarding the salary of the City Manager and the execution of a contract extension, Be It Ordered: that these votes taken by City Council be a representation of the City Councils support of Mr. Edward M. Augustus, Jr., as City Manager and these votes will take the place of the 2019 annual evaluation. Further, the 2020 and future annual evaluations will continue to be conducted as it has been practiced in previous years. – Item #14c CC Held to be the First Item of Business on March 19, 2019.

 

15d.

ORDER of Mayor Joseph M. Petty, Councilor Morris A. Bergman, Councilor Khrystian E. King, Councilor Konstantina B. Lukes, Councilor Candy Mero-Carlson, Councilor Sarai Rivera, Councilor Sean M. Rose, Councilor Gary Rosen, Councilor George J. Russell, Councilor Kathleen M. Toomey and Councilor Matthew E. Wally – That Mayor Joseph M. Petty is hereby authorized on behalf of the City Council of the City of Worcester to execute the attached Amend Number One to the City Manager Employment Agreement with Mr. Edward M. Augustus, Jr., under Section 3-1(b) of the City Charter. – Item #14d CC Order adopted on a roll call vote of 11 Yeas and 0 Nays - see item #16i.

 

15e.

PROPOSED ORDINANCE – Amending the Salary Ordinance Relative to the Salary of the City Manager. – Item #14e CC Voted to advertise proposed Ordinance on a roll call vote of 10 Yeas and 0 Nays.

 

16.

NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the March 12, 2019 City Council meeting.

16a.

Motion Wally @ #13b CC – Request City Manager work with the Superintendent of Public Schools to provide City Council with a report outlining a holistic solution that addresses the public safety issues associated with traffic at all the city schools.

Attachments

Order adopted

 

16b.

Motion Toomey @ #10.10A CC – Request City Manager look into whether the city can permit when tractor trailers park in commercial parking lots overnight due to potential sanitary issues.

Attachments

Order adopted

 

16c.

Motion Russell @ #10.10A CM – Request City Manager provide City Council with a draft ordinance to address streets and locations that may need “No Overnight Parking” signage but may not be zoned as residential and thus would not fall into the city’s illegal parking of box cars and tractor trailers regulations.

Attachments

Order adopted

 

16d.

Motion King @ #10.15A CM - Request City Manager provide community outreach in densely populated neighborhoods in regards to the proposed regulations for parking and paving in residential front yards in areas where parking is limited or nonexistent when public hearings occur.

Attachments

Order adopted

 

16e.

Motion Russell @ #10.15A CM – Request City Manager provide City Council with a plan showing a 5,000 square foot lot and a 7,000 square foot, that have either 50 or 65 feet of frontage, and have a 1,200 square foot ranch house on the lot for the purpose of outlining where parking would be located on the property under the proposed regulations for parking and paving in residential that does not have a garage.

Attachments

Order adopted

 

16f.

Motion Lukes @ #13a CC – Request School Committee provide City Council with a report detailing how much money is dedicated to girls sports in the Worcester Public Schools, what sports are available to girls and is the city complying with federal mandates.

Attachments

Order adopted

 

16g.

Motion Mero-Carlson – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks repaint crosswalk at the intersection of North St. and Grove St., as it was not repainted after construction work occurred.

Attachments

Order adopted

 

16h.

Motion King – Suspension of Rules – Request City Manager provide City Council with a report concerning takeaways from the Boys Conference, which was held at Worcester State University and was part of the city’s Youth Violence Prevention Program.

Attachments

Order adopted

 

16i.

PETITION – Councilor Khrystian E. King request City Council suspend its rules to permit the recording of his vote regarding the Order to Authorize the Mayor on behalf of the City Council of the City of Worcester to execute Amendment Number One to the City Manager’s Employment Agreement with Mr. Edward M. Augustus, Jr., under Section 3-1(b) of the City Charter as itappeared on the March 5, 2019 City Council item 14d as follows: Item #14d as a yea vote.

Attachments

Approved on a voice vote

 

16j.

Motion Toomey – Suspension of Rules – Request City Manager work with the owner of the Big Y parking lot to repair pot holes at the parking lot street entrance near the intersection of Sunderland Rd. and Lake Ave.

Attachments

Order adopted

 

16k.

Motion Petty – Suspension of Rules – Request City Manager provide City Council with a report determining whether Department of Children and Families (DCF) will be moving from downtown to another part of the city and further, attempt to keep them in the downtown area of the city, and if they cannot stay, ensure there is access to the new location via a bus line.

Attachments

Order adopted