CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 26, 2019

Esther Howland Chamber

Convened: 6:33 P.M.

Adjourned: 7:56 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 - Father Eric Asante, Sacred Heart Church

2.

PLEDGE OF ALLEGIANCE & STAR SPANGLED BANNER

3.

ROLL CALL - All present with the Mayor as the Chair, except for Councilor Mero-Carlson and Councilor Toomey, who both arrived at 6:45 P.M.

4.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

4a.

Mayor Joseph M. Petty provided the Worcester Cowboys football team with Certificates of Mayoral Recognition and recognized them for their third place finish in the American Youth Football U12 Championship in Florida.

 

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 March 12, 2019.

Attachments

Order adopted

 

6.

PUBLIC PARTICIPATION

6a.

Mayor Petty recognized the following speaker:
1. Jo Hart, Worcester resident, spoke in opposition to #7a CC

 

7.

HEARINGS & ORDERS

7a.

NATIONAL GRID and VERIZON NEW ENGLAND INC. for a jointly-owned pole location at: 235 WEST MOUNTAIN ST. Granting permission to NATIONAL GRID and VERIZON NEW ENGLAND INC. for a jointly-owned pole location at: 235 WEST MOUNTAIN ST.

Attachments

Hearing Held & Order adopted

 

7b.

NATIONAL GRID and VERIZON NEW ENGLAND INC. for a jointly-owned pole relocation: BANGOR ST. & LORENZO ST. Granting permission to NATIONAL GRID and VERIZON NEW ENGLAND INC. for a jointly-owned pole relocation: BANGOR ST. & LORENZO ST.

Attachments

Hearing Held & Order adopted

 

8.

FIRST ITEM OF BUSINESS - Biannual Economic Development Report - Refer to Item #10.4D CM

9.

PETITIONS

9a.

Evan Corrigan request installation of a "Do Not Block Intersection" sign at the junction of Mountain St. East and Triangle St.

Attachments

Referred to Traffic and Parking Committee

 

9b.

NATIONAL GRID for a conduit location at: UPSALA ST./ESTHER ST./LUND ST.

Attachments

Hearing set for April 2, 2019 at 6:30 p.m.

 

9c.

William S. Coleman, III request City Council be the first municipal governing body in Massachusetts to take a roll call vote to support Senate Bill 389 proposed by Senate President Emeritus Harriet L. Chandler, an act ensuring municipal participation on the widest eligible range.

Attachments

Petitioner spoke. Mayor Petty moved to refer the Item to Rules and Legislative Affairs Committee. Councilor Lukes moved to file the Item. Mayor Petty’s motion to refer the Item denied on a roll call vote of 5 Yeas and 6 Nays (Yeas – King, Rivera, Rose, Wally, Petty) (Nay – Bergman, Lukes, Mero-Carlson, Rosen, Russell, Toomey). Councilor Lukes’ motion to file the Item approved on a roll call vote of 6 Yeas and 5 Nays (Yeas - Bergman, Lukes, Mero-Carlson, Rosen, Russell, Toomey) (Nays – King, Rivera, Rose, Wally, Petty)

 

10.

COMMUNICATIONS OF THE CITY MANAGER

 

10.1

APPOINTMENTS
Non-City Council Confirmation
 

10.2

APPOINTMENTS
City Council Confirmation
A.

Recommend the reappointment of Winifred Octave to the Elections Commission.

Attachments

Confirmed on a roll call vote of 11 Yeas and 0 Nays

 
 

10.3

DEPARTMENT OF HUMAN RESOURCES
 

10.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Transmitting informational communication relative to the Worcester Arts Council Grants reception on Wednesday, April 10th, 2019 from 5:30pm – 8:00pm at the WooHaHa Comedy Club.

Attachments

Placed on file

 
B.

Transmitting informational communication relative to the repayment of two HOME funded housing projects to HUD.Refer to CCM Item 10.33B

Attachments

Placed on file

 
C.

Transmitting informational communication relative to the status of the HUD Lead Hazard Control and Healthy Homes Grant.

Attachments

Referred to Public Health and Human Services Committee

 
D.

Transmitting informational Communication relative to a report on Economic Development.

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
A.

Transmitting informational communication relative to the Route 20 Sewer Extension Project.

Attachments

Placed on file

 
 

10.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting informational communication relative to the 2019 Spring Sweeping Program.

Attachments

Placed on file

 
 

10.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting informational communication relative to the anticipated date of spring 2019 permits for field availability for various activities and events.

Attachments

Placed on file

 
B.

Transmitting informational communication relative to the "Save the Date" for the 2019 Arbor Day celebration on Friday April 26, 2019 at 10AM on the Worcester Common.

Attachments

Placed on file

 
 

10.9

FIRE DEPARTMENT
A.

Transmitting informational communication relative to expanding the Sound the Alarm Program, if supply of smoke detectors is adequate, by posting information at the Housing Court and Schools.

Attachments

Referred to Public Safety Committee

 
 

10.10

POLICE DEPARTMENT
 

10.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

10.12

LICENSE COMMISSION
 

10.13

LAW DEPARTMENT
A.

Transmitting informational communication relative to the jurisdiction of City Council over WPS-WPD School Resource Officers.

Attachments

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

 
 

10.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

10.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

10.16

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

10.17

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Public Health
A.

Transmitting informational update on the City's efforts to curb Hepatitis A Outbreak and other communicable diseases.

Attachments

Referred to Public Health and Human Services Committee

 
 

10.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Elder Affairs
 

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
A.

Recommend the Table of Organization of the Energy & Asset Management Division of the Department of Administration & Finance be amended to add one Chief Clerk of Works Position to assist with design and implementation of upgrades for the DCU Center.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

10.28

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

10.29

TECHNICAL SERVICES DEPARTMENT
A.

Transmitting informational communication relative to the development of a Permit History application.

Attachments

Referred to Economic Development Committee

 
 

10.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

10.31

FINANCE ITEMS
Capital Transfers
A.

Recommend that the Energy and Asset Management Department’s Fiscal Year 2018 and 2019 Capital Budgets be revised to authorize the reallocation of funds as described.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
B.

Recommend that One Hundred Forty Thousand Dollars And No Cents ($140,000.00) be transferred from DPW Account # 440-91000, Sewer Salaries, and be appropriated to DPW Account # 440-92000, Sewers Ordinary Maintenance, to cover expenses in excess of the fiscal year 2019 budget.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
C.

Recommend that Twenty Thousand Five Hundred Sixty Seven Dollars And No Cents ($20,567.00) be transferred from Account #91C7114, Citywide Capital Rehabilitation, to Account #25C702, Police Capital Rehabilitation.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

10.32

FINANCE ITEMS
Grants and Donations
A.

Recommend adoption of a resolution to apply for and accept a grant of services with a value of up to Fifty Thousand Dollars and No Cents ($50,000.00) through the Real Estate Technical Assistance program, administered by the Massachusetts Development finance agency (MassDevelopment).

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 
B.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Eighteen Thousand Dollars and No Cents ($18,000.00) from the Massachusetts Office for Victim Assistance under the FY20 Drunk Driving Trust Fund program.

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 
C.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Seven Thousand Six Hundred Eighty Dollars And No Cents ($7,680.00) from MA Attorney General's Office, under the Healthy Summer Jobs program.

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 
D.

Recommend adoption of a resolution to accept with gratitude, a donation in the amount of Two Hundred Fifty Dollars and No Cents ($250.00) from Ruth S. Westheimer, for the Worcester Arts Council (WAC).

Attachments

Resolution adopted with gratitude on a roll call vote of 11 Yeas and 0 Nays

 
E.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Million Dollars And No Cents ($1,000,000.00) from the Massachusetts Office of Energy and Environmental Affairs, Division of Conservation Services through the Land and Water Conservation Fund grant program to renovate Coes Pond - Columbus Park.

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

10.33

FINANCE ITEMS
Operational Transfers
A.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from DPW Account # 440-91000, Sewer Salaries, and be appropriated to DPW Account # 440-93000, Sewers Capital Outlay, to allow for the purchase of additional tools and supplies for the Sewer Division.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
B.

Recommend that One Hundred Forty Three Thousand Dollars And No Cents ($143,000.00) be transferred from Account #043-91000, Economic Development Regular Salaries, and be appropriated to various HOME grant accounts to provide sufficient funding for the repayment of two HOME funded housing projects to the federal government.Refer to CCM Item 10.4B

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
C.

Recommend that the total of Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from the following accounts: Account #680-97000, Technical Services Overtime ($20,000.00), and Account #680-91000, Technical Services Salaries ($40,000.00), and that the total be transferred to Account #680-92000, Technical Services Ordinary Maintenance.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
D.

Recommend that the total of Fifty Thousand Dollars and No Cents ($55,000.00) be transferred from the following accounts: Account #171-96098, Workers Compensation($40,000.00), and Account #170-91098, Human Resources Personal Services ($15,000.00), and that the total be transferred to Account #1701-92099 Human Resources, Ordinary Maintenance.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
E.

Recommend authorization for the Administration to resubmit a Statement of Interest to the Massachusetts School Building Authority for Burncoat High School (district Priority project),

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

10.34

FINANCE ITEMS
Prior Year
 

10.35

FINANCE
Loan Orders
A.

Recommend that the City Council rescind and replace One Million Dollars And No Cents ($1,000,000.00) from the Water Rehabilitation Loan to Water Equipment Loan as per the attached.

Attachments

Voted to advertised proposed Loan Order on a roll call vote of 11 Yeas and 0 Nays

 
 

10.36

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting informational communication relative to the City's Strategic Plan.

Attachments

Referred to Municipal Operations Committee

 
11.

TO BE ORDAINED

11a.

Amending the Salary Ordinance of August 20, 1996 – Occupational Group R – Laborer and Craftsman. (Laborers – Temporary) Amending the Salary Ordinance of August 02, 1996 – Occupational Group M – Recreation (Aquatics and Recreation)

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

12.

TABLED UNDER PRIVILEGE

12a.

COMMUNICATION of the City Manager transmitting informational communication relative to information to assist in the hiring of a City Council staff member. (Tabled Under Privilege - Lukes March 12, 2019 and Tabled Under Privilege - Petty March 19, 2019)

Attachments

Mayor Petty moved to Table the Item. Tabled - Petty

 

12b.

COMMUNICATION of the City Manger transmitting informational communication relative to a legal opinion as to the jurisdiction of office space and facilities within City Hall. (Tabled Under Privilege - Mero-Carlson March 12, 2019 and Tabled Under Privilege - Petty March 19, 2019)

Attachments

Mayor Petty moved to Table the Item. Tabled - Petty

 

12c.

COMMUNICATION of the City Manager transmitting informational communication relative to a report concerning any taxes owed on the Greendale Mall property. (Tabled Under Privilege - Petty March 12, 2019 and Tabled Under Privilege - Bergman March 19, 2019)

Attachments

Placed on file

 

12d.

PETITION of Attorneys Mark Donahue and Jonathan Finkelstein request the Worcester City Council restrict and prohibit parking between the hours of 8:00 a.m. and 5:00 p.m. in those certain portions of the southerly and northerly sides of Albany St. in proximity to the land of 38 Albany, LLC and the land of 225 Shrewsbury Street Realty Trust. (Tabled Under Privilege - Mero-Carlson March 19, 2019)

Attachments

Referred to Traffic and Parking Committee

 

13.

TABLED ITEMS

13a.

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

 

13b.

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

 

13c.

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

 

14.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the March 19, 2019 City Council meeting.

14a.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning what strategies have been tried by the city to address the traffic congestion in city streets, including information concerning what has been tried and failed. – Item #19a CC Order adopted

 

14b.

ORDER of Councilor Morris A. Bergman, Councilor Matthew E. Wally, 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 Mayor Joseph M. Petty – Request City Manager pursue the notion of synchronization of city street lights. – Item #19b CC Order adopted

 

14c.

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report concerning what causes are contributing to the damaging of city streets, including information concerning city streets not being repaired properly following utility work. – Item #19c CC Order adopted

 

14d.

ORDER of Councilor Morris A. Bergman – Request City Manager provide City Council with information regarding how the city’s bond rating could be affected if the city were to leverage $1,000,000.00 (One Million Dollars) of unused tax levy capacity for street and sidewalk repair. – Item #19d CC Order adopted

 

14e.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report regarding what new technologies are being used to repair streets and what cost might be incurred to use some of those new technologies. – Item #19e CC Order adopted

 

14f.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a status update regarding the City Manager’s formal evaluation of his department heads. – Item #19f CC Order adopted

 

14g.

ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with information concerning whether Chapter 90 state funding could be used to conduct additional street and sidewalk repairs. – Item #19g CC Order adopted

 

14h.

ORDER Mayor Joseph M. Petty – Request City Manager request City Solicitor provide City Council with a report concerning how each City Councilor can be engaged during the process of hiring a City Council staff person, similar to how each City Councilor was engaged during the hiring of the City Manager. Further, request City Manager provide City Council with information concerning whether the position can report to the City Clerk’s Office. – Item #19h CC Order adopted

 

14i.

ORDER of Councilor George J. Russell Request City Manager provide City Council with a report concerning what monies are in the operational Reserve Account #330-54. – Item #19i CC Order adopted

 

14j.

ORDER of Mayor Joseph M. Petty – Request City Manager request City Solicitor provide City Council with information concerning what can and cannot be discussed in executive session in regards to the deployment of public safety personnel in the city’s schools. – Item #19j CC Order adopted

 

14k.

ORDER of Councilor Sarai Rivera – Request City Manager provide City Council with a brief report in regards to the REACH Grant recently awarded to the Department of Public Health. – Item #19k CC Order adopted

 

14l.

ORDER of Councilor Kathleen M. Toomey – Request City Manager direct the owners of the former Sam’s Club on Tobias Boland Way to clean the trash along the property. – Item #19l CC Order adopted

 

15.

NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the March 26, 2019 City Council meeting.

15a.

Motion King @ #10.4B CM – Request City Manager provide City Council with a report regarding the specific protocols, oversights and processes implemented by the city to ensure compliance of HUD’s federal grant regulations.

Attachments

Order adopted

 

15b.

Motion Rivera @ #10.4D CM – Request City Manager, when providing City Council with the Biannual Economic Develop Report, include in said report information concerning community and neighborhood development as well as the bidding processes.

Attachments

Order adopted

 

15c.

Motion Bergman @ #10.8B CM – Request City Manager consider looking back at picture archives of the city’s parks to see where trees were previously planted in an effort to try and replant trees into those spaces.

Attachments

Order adopted

 

15d.

Motion Russell @ #10.29A CM – Request City Manager provide City Council with a report concerning whether more information can be listed in the city’s Permit History application, such as information concerning when a permit process is completed instead of just when it is initially pulled.

Attachments

Order adopted

 

15e.

Motion Toomey @ #10.29A CM – Request City Manager provide City Council with an update concerning how the City Council can aid the Technical Services Department in any anticipated operational needs.

Attachments

Order adopted

 

15f.

Motion Lukes @ #10.29A CM – Request City Manager provide City Council with a report concerning whether the city’s Permit History application can include health inspection information on the various restaurants in the city.

Attachments

Order adopted