CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 2, 2019

Esther Howland Chamber

Convened: 6:33 P.M.

Adjourned: 7:50 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 Judith Lee, St. Matthews Episcopal Church

2.

PLEDGE OF ALLEGIANCE & STAR SPANGLED BANNER

3.

ROLL CALL - All present with the Mayor as the Chair, except for Councilor Rivera, who arrived at 7 P.M.

4.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

4a.

Mayor Joseph M. Petty read a Proclamation declaring the month of April 2019 at Autism Acceptance Month in the City of Worcester. The Proclamation was presented to Kris Cariglia and Wanja Kiraguri.

 

4b.

Mayor Joseph M. Petty read a Proclamation declaring the month of April 2019 as Arab American Heritage Month in the City of Worcester. The Proclamation was presented to Salah Asfoura.

 

4c.

Mayor Joseph M. Petty read a Proclamation declaring the month of March 2019 as Cerebral Palsy Month in the City of Worcester.

 

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 19, 2019.

Attachments

Order adopted

 

6.

PUBLIC PARTICIPATION

6a.

Mayor Petty recognized the following speakers:
1. Kelsey Lamoureux, Worcester resident, spoke under suspension of rules in favor of the Worcester Jobs Fund
2. Shavon Patnod, Worcester resident, spoke under suspension of rules in favor of the Worcester Jobs Fund
3. Arlene Rosario, Worcester resident, spoke in favor of #10a CC
4. William S. Coleman, III, Worcester resident, spoke in favor of #10a CC
5. Jonathan Hardy-Lavoie, Worcester resident, spoke in favor of #10j CC
6. John McAuliffe, Worcester resident, spoke in favor of #16b CC

 

7.

HEARING & ORDER

7a.

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

Attachments

Hearing Held & Order adopted

 

8.

PETITIONS

8a.

Tanzina Akkas request sidewalk in front of 123 Maywood St. be repaired so it can be made leveled.

Attachments

Referred to Public Works Committee

 

8b.

Devin Calichman request Kalmar St., between houses #12 and #34, be resurfaced.

Attachments

Referred to Public Works Committee

 

8c.

Linda Berthiaume request Calumet Ave., from Clark St. to Stratton Rd. be repaved.

Attachments

Referred to Public Works Committee

 

8d.

Michael McGrail request the water pipe in sidewalk in front of 20 Holland Rd. be leveled

Attachments

Referred to Public Works Committee

 

8e.

Michael McGrail request sidewalk repair for the entire length of Holland Rd.

Attachments

Referred to Public Works Committee

 

8f.

Michael McGrail request street resurfacing for the entire length of Holland Rd.

Attachments

Referred to Public Works Committee

 

8g.

MaryAnn Erickson et al request to resurface Walworth St.

Attachments

Referred to Public Works Committee

 

8h.

Councilor Sean M. Rose on behalf of Susan Ledoux request Emerson Rd. be resurfaced.

Attachments

Referred to Public Works Committee

 

8i.

Councilor Sean M. Rose request resurfacing for Oneida Ave. from Quinapoxet Lane to Welcome St.

Attachments

Referred to Public Works Committee

 

8j.

Councilor Sean M. Rose request resurfacing of Saxon Rd. from St. Paul Dr. to Westbrook Rd

Attachments

Referred to Public Works Committee

 

8k.

Councilor Sean M. Rose request sidewalk repair in Grove St. from Judson Rd. to 540 Grove St.

Attachments

Referred to Public Works Committee

 

9.

CHAIRMAN'S ORDERS

9a.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager develop a plan for collecting the 3% Community Impact Fee and the 6% hotel-motel tax for short term rentals and provide this to City Council.

Attachments

Order adopted

 

9b.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request City Solicitor report how the term “Lodging House” is applied on a local level in light of the State Supreme Courts recent decision regarding the definition of the term “Lodging House”.

Attachments

Order adopted

 

9c.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager consider collecting data regarding the number of bedrooms at locations where citations are issued relative to the enforcement of code violations at dwellings of 4 or more existing bedrooms.

Attachments

Order adopted

 

9d.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager provide to City Council a copy of the Boston ordinance regarding an allowance for student at dwellings of 4 or more existing bedrooms and further, report if this could be applied to Worcester and if it is feasible to adopt a similar ordinance in Worcester.

Attachments

Order adopted

 

9e.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request the Police Chief map where youth violence incidents occur and provide this to City Council.

Attachments

Order adopted

 

9f.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager provide City Council with a table identifying the current funding sources for the Worcester Youth Violence Prevention Initiative for the purpose of planning where and when future funding sources will be needed.

Attachments

Order adopted

 

9g.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager report to City Council the amount of funds held as a gift trust by the Treasurer for Veteran Memorials as well as the names of the veterans associated with the funds and further, specifically report whether or not if any of these funds are on behalf of the Sullivan Square Veterans Memorial located in Melrose St.

Attachments

Order adopted

 

9h.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager consider utilizing the Summer Youth Program for cleanup in vicinity of veteran memorials. Further, request City Manager reach out to the MassDOT and request cleaning up trash in areas abutting I-290 between Melrose St. and Frontage Rd.

Attachments

Order adopted

 

9i.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager request assistance from the Sheriff’s Department for cleaning areas in vicinity of veteran memorials.

Attachments

Order adopted

 

9j.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager provide City Council with an inventory of erected memorial squares and report whether or not any of those memorial squares are missing.

Attachments

Order adopted

 

10.

ORDERS

10a.

Request City Manager request the Commissioner of Inspectional Services to develop a rental registry for non-owner occupied residential properties. (Wally)

Attachments

Order adopted

 

10b.

Request the City Council Standing Committee on Public Safety invite the WPAR, Worcester Program for Addiction Recovery, the CPAR, Community Program for Addiction Recovery, and the Worcester CIT, Worcester Crisis Intervention Team to make a presentation on their collaborative approach to address the addiction issues in our city. (Toomey)

Attachments

Councilor Rivera moved to amend: Further, request City Council Standing Committee on Public Safety include the work the Division of Public Health is doing interdepartmentally with said programs in such a presentation. Referred to Public Safety Committee as amended

 

10c.

Request the City Council Standing Committee on Youth, Parks and Recreation invite to an upcoming meeting representatives from the Seven Hills Foundation and future managers of the historic Stearns Tavern at Coes Park, to discuss the educational, recreational and social programs and activities that they are planning for this incredible facility and park. (Rosen)

Attachments

Referred to Youth, Parks and Recreation Committee

 

10d.

Request City Manager inform the City Council on whether the inability of National Grid to deliver services in a timely manner (including upgrades to 14 electrical vaults) poses any risks of delay or changes to the city and state's Main St. resurfacing project. (Rosen)

Attachments

Order adopted

 

10e.

Request City Manager provide City Council with a report listing all the empty city owned lots in District 4. (Rivera)

Attachments

Councilor Wally moved to amend the Order to read as follows: Request City Manager provide City Council with a report listing all the empty city owned lots in each District. Order adopted as amended

 

10f.

Request City Manager provide City Council with a report detailing the current residential and commercial tax rates in all Gateway Cities, and the percentages of nontaxable properties in each Gateway City. (Mero-Carlson, Bergman)

Attachments

Councilor King moved to add his name as an author. Order adopted

 

10g.

Request City Manager look into what improvements can be made at the Lake View Playground/Park at 133 Coburn Ave. (Mero-Carlson)

Attachments

Referred to Youth, Parks and Recreation Committee

 

10h.

Request City Manager state what liability exists if the City Council determines School Department practices, policies, or programs. (Lukes)

Attachments

Placed on file

 

10i.

Request City Manager report on the payment for costs/salaries for SROs (School Resource Officers)and the amounts paid in the past 2 years from the city budget. (Lukes)

Attachments

Order adopted

 

10j.

Request City Manager consider creating a rectangular soccer field adjacent to the Roberto Clemente baseball/softball field on the Northeast Cutoff. (Photo attached) (Rose)

Attachments

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

 

10k.

SEWER BETTERMENT ASSESSMENT: ABINGTON STREET

Attachments

Order adopted

 

11.

RESOLUTIONS

11a.

That the Worcester City Council does hereby support our city's State Delegation in enacting legislation that would accelerate the litigation track of wage theft cases, under M.G.L. Chapter 149, Section 148, so that these cases can be heard and resolved in speedier time frame. (Bergman, Mero-Carlson)

Attachments

Councilor King moved to add his name as an author. Mayor Petty moved to add the entire City Council as authors. Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 

11b.

That the Worcester City Council does hereby endorse the use of school resource officers/police officers in public buildings as determined by the city administration as necessary to preserve public safety. (Lukes)

Attachments

Councilor King moved to place the item on file. Councilor Lukes moved to refer the item to Finance Committee. Mayor Petty moved the question. Resolution denied on a roll call vote of 2 Yeas and 8 Nays (Yeas – Bergman, Lukes) (Nays – King, Mero-Carlson, Rivera, Rosen, Russell, Toomey, Wally, Petty) (Rose absent)

 

12.

COMMUNICATION

12a.

Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to the campaign kickoff of the Complete Count Committee for Census 2020 and kickoff event at College of the Holy Cross on Thursday, April 4, 2019 at 5:00 P.M.

Attachments

Placed on file

 

13.

REPORTS OF THE COMMITTEE ON ECONOMIC DEVELOPMENT

13a.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication regarding procurement workshops: recommend Communication be placed on file.

Attachments

Accepted

 

13b.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication regarding Business Improvement Districts.: recommend Communication be placed on file.

Attachments

Accepted

 

13c.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to Economic Development initiatives: recommend Communication be placed on file.

Attachments

Accepted

 

14.

REPORTS OF THE COMMITTEE ON PUBLIC SAFETY

14a.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the success of the Worcester Police Department Open Houses: recommend Communication be placed on file.

Attachments

Accepted

 

14b.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication regarding the Worcester Police Department Open House for Hiring, as presented by the Worcester Police Department and the Human Resources Department: recommend Communication be placed on file.

Attachments

Accepted

 

14c.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to a report on the status of the police fleet: recommend Communication be placed on file.

Attachments

Accepted

 

14d.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to an update regarding the Worcester Youth Violence Prevention Initiative (WYVPI): recommend Communication be placed on file.

Attachments

Accepted

 

15.

REPORTS OF THE COMMITTEE ON TRAFFIC AND PARKING

15a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Halime Acevedo request installation of handicap parking space in front of 16 Breck St., Unit 1E: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 

15b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Abbas Aldayyeni request installation of handicap parking space in front of 26 New Vista Lane: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 

15c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Charles Roche, VP of NAPAC Inc. request installation of No Parking on both sides of the Herman St. side of 229 Southbridge St., 8:00 AM to 5:00 PM Monday thru Friday: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 

15d.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Frank Santa Maria request "One Hour Parking 7 A.M. to 6 P.M." on the odd side of Casco St. from Shrewsbury St. to utility pole #7 be removed and replaced with "No Parking Anytime 7 A.M. to 6 P.M." signage being installed in its place: recommend passage of the accompanying two proposed Ordinances.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 

16.

REPORTS OF THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS

16a.

REPORT OF THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS Upon the Petition of Elaine Pignataro request for a memorial veterans square for Staff Sargent Gaetano T. DiPasquale be erected on the right hand side of the traffic signal light in front of Cube Storage on Shrewsbury St.: recommend adoption of the accompanying Order.

Attachments

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

 

16b.

REPORT OF THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS Upon the Communication of the City Manager recommend adoption of an amendment to the Veterans Affairs Ordinance addressing the eligibility for veterans memorials: recommend passage of the accompanying proposed Ordinance.

Attachments

Councilor Bergman moved to amend a scrivener’s error in the Ordinance, which removes the word, “Commissioner,” from the Ordinance. Voted to advertise proposed Ordinance, as amended, on a roll call vote of 9 Yeas and 0 Nays (Rivera, Rose absent)

 

17.

TABLED UNDER PRIVILEGE

17a.

COMMUNICATION of the City Manager transmitting informational communication relative to the jurisdiction of City Council over WPS-WPD School Resource Officers. (Tabled Under Privilege - Petty March 26, 2019)

Attachments

Placed on file

 

18.

TABLED ITEMS

18a.

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

 

18b.

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

 

18c.

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

 

18d.

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; Tabled Under Privilege - Petty March 19, 2019 and Tabled - Petty March 26, 2019)

Attachments

No action taken

 

18e.

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; Tabled Under Privilege - Petty March 19, 2019 and Tabled - Petty March 26, 2019)

Attachments

No action taken

 

19.

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

19a.

ORDER of Councilor Khrystian E. King – 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. – Item #15a CC Order adopted

 

19b.

ORDER of Councilor Sarai Rivera – 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. – Item #15b CC Order adopted

 

19c.

ORDER of Councilor Morris A. Bergman – 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. – Item #15c CC Order adopted

 

19d.

ORDER of Councilor George J. Russell – 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. – Item #15d CC Order adopted

 

19e.

ORDER of Councilor Kathleen M. Toomey – 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. – Item #15e CC Order adopted

 

19f.

ORDER of Councilor Konstantina B. Lukes – 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. – Item #15f CC Order adopted

 

20.

NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the April 2, 2019 City Council meeting.

20a.

Motion Russell @ #10a CC – Request City Manager reach out to the Landlord Association, the Worcester Property Owners Association and the Worcester Realtors Association for feedback prior to drafting an ordinance pertaining to the creation of a rental registry for non-owner occupied residential properties.

Attachments

Order adopted

 

20b.

Motion King @ #10a CC – Request City Manager provide City Council with a report concerning an analysis of how residents of Worcester participating in the Section 8 Housing Choice Voucher Program could be impacted by a rental registry for non-owner occupied residential properties. Further, request City Manager provide City Council with a report detailing what extent Fair Housing Law staff is involved in relation to retaliation of rental issues.

Attachments

Order adopted

 

20c.

Motion Lukes @ #17a CC – Request Manager provide the Superintendent of Public Schools his communication relative to the jurisdiction of City Council over WPS-WPD School Resource Officers.

Attachments

Order adopted

 

20d.

Motion Russell – Suspension of Rules – Request City Manager provide City Council with a full audit of CSX regarding the container fees as depicted in the MOU, as requested on August 21, 2018.

Attachments

Order adopted

 

20e.

PETITION – Councilor Sarai Rivera request installation of a handicap parking space in the vicinity of 229 Millbury St.

Attachments

Referred to Traffic and Parking Committee

 

20f.

Motion Mero-Carlson – Suspension of Rules – Request City Manager ensure construction vehicles in the Canal District are removed when not in use.

Attachments

Order adopted