CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 9, 2019

Esther Howland Chamber

Convened: 6:38 P.M.

Adjourned: 7:07 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

2.

STAR SPANGLED BANNER

3.

ROLL CALL - All present with the Mayor as the Chair.

4.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

4a.

MOMENT OF SILENCE in memory of Worcester Police Officer Jeff Toney, who passed away at the age of 54 and Bishop George Rueger, who passed away at the age of 89.

 

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 26, 2019.

Attachments

Order adopted

 

6.

PUBLIC PARTICIPATION - No speakers were recognized during this portion of the agenda.

7.

PETITIONS

7a.

Sheliqua Mann request Welllington St. or Jacques Ave. be named Bishop Robert Webbs Sr. St. or Ave.

Attachments

Referred to Planning Board

 

7b.

Brendan Gove, President of Zero Point Development, request zone change for a portion of 222 Brooks St. from MG-0.5 to RL-7.

Attachments

Representative from Zero Point Development spoke and referred to Planning Board

 

7c.

Kathleen King et al request Oneida Ave. be repaved.

Attachments

Referred to Public Works Committee

 

7d.

Alyda Justiniano request abatement of street betterment assessment #25608 in the amount of $6,280.50 for Hilma St.

Attachments

Referred to Public Works Committee

 

7e.

Candace Buffone request abatement of street betterment assessment #25614 in the amount of $15,000.00 for Candlewood St.

Attachments

Referred to Public Works Committee

 

7f.

Linda Opacki request Southview Rd. be repaved.

Attachments

Referred to Public Works Committee

 

7g.

Joan Manley request to have mirror installed opposite side of 42 West Chester St. at corner of Barrett Ave.

Attachments

Referred to Traffic and Parking Committee

 

7h.

Councilor Matthew E. Wally on behalf of residents in the vicinity of Columbus Park Preparatory Elementary School request a comprehensive traffic/safety assessment be completed in the vicinity of Columbus Park Preparatory Elementary School so that the dangerous conditions and safety issues particularly during pick-up and drop-off of student times may be eliminated.

Attachments

Referred to Traffic and Parking Committee

 

7i.

CHARTER COMMUNICATIONS for a conduit location at: DOLLY DRIVE

Attachments

Hearing set for April 23, 2019 at 6:30 pm

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
 

8.2

APPOINTMENTS
City Council Confirmation
A.

Recommend appointment of Eleanor Gilmore to the Planning Board.

Attachments

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

 
 

8.3

DEPARTMENT OF HUMAN RESOURCES
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Recommend adoption of a Certified Project Resolution and Tax Increment Financing Plan for 160 Goddard Memorial Drive.

Attachments

Referred to Economic Development Committee

 
B.

Recommend adoption of a resolution to file an application to designate 154-156 Main Street as a Certified Project and approve a Tax Increment Exemption (TIE) Plan for the property.

Attachments

Referred to Economic Development Committee

 
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

8.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

8.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
 

8.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

8.9

FIRE DEPARTMENT
 

8.10

POLICE DEPARTMENT
 

8.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

8.12

LICENSE COMMISSION
 

8.13

LAW DEPARTMENT
A.

Transmitting information requested by City Council regarding an Amendment to the Rules of the City Council giving a Motion to File a Higher Priority.

Attachments

Referred to Rules and Legislative Affairs Committee

 
 

8.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

8.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
A.

Transmitting informational communication relative to enforcement of the sign ordinance up and down the Main South Corridor from Chandler Street to Webster Square.

Attachments

Referred to Economic Development Committee

 
 

8.16

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
A.

Transmitting informational communication relative to a report concerning building code effectiveness grading schedule.

Attachments

Referred to Public Safety Committee

 
 

8.17

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Public Health
 

8.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Elder Affairs
 

8.19

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

8.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Veterans Services
 

8.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Youth Services
 

8.22

WORCESTER PUBLIC LIBRARY
 

8.23

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

8.24

PUBLIC SCHOOL DEPARTMENT
 

8.25

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

8.26

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

8.27

DEPARTMENT OF ADMINISTRATION AND FINANCE
Energy and Asset Management
 

8.28

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

8.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

8.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

8.31

FINANCE ITEMS
Capital Transfers
 

8.32

FINANCE ITEMS
Grants and Donations
A.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) from MA Dept of Energy & Environmental Affairs under the 2019 Green Communities Competitive Grant Program.

Attachments

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

 
B.

Recommend adoption of a resolution to accept with gratitude a donation of one (1) Zeiss Ultraphot II Microscope with an approximate monetary value of One Thousand Two Hundred Fifty Dollars and No Cents ($1,250.00) from Mr. Louis Savas, to the Worcester Police Department Crime Scene Unit.

Attachments

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

 
C.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of One Thousand Seven Hundred Dollars and No Cents ($1,700.00) from Worcester EMS in support of the Worcester Police Department's K9 Unit.

Attachments

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

 
 

8.33

FINANCE ITEMS
Operational Transfers
A.

Recommend that Sixty Three Thousand Dollars And No Cents ($63,000.00) be transferred as follows: $43,000.00 from Account #270-91000 , Communications Regular Salaries and $20,000 from Account 3312-92000, Health and Human Services Ordinary Maintenance, and be appropriate to Account # 110-91000, Energy Asset Management regular salaries.

Attachments

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

 
B.

Recommend that Nine Thousand Eight Hundred Ninety Dollars And Thirty One Cents ($9,890.31) be transferred from Account #260-91000, Worcester Fire Department Salaries, to Account #260-92000, Worcester Fire Department Ordinary Maintenance, to cover unforeseen expenses required to repair Engine 8, a front line apparatus.

Attachments

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

 
C.

Recommend that One Hundred Five Thousand Five Hundred Ninety Four Dollars And Forty Eight Cents ($105,594.48) be transferred from various CBDG accounts, and appropriated to various CDBG accounts to provide sufficient funding for the rehabilitation of four unit housing property located at 80 Pleasant Street.

Attachments

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

 
D.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Account #250-91000, Police Personal Services, to Account #250-97000, Police Overtime.

Attachments

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

 
E.

Recommend that Sixty Six Thousand Dollars And No Cents ($66,000.00) be transferred from Account #270-91000, Communications Salaries, to Account #270- 92000, Communications Ordinary Maintenance.

Attachments

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

 
F.

Recommend that One Million Two Hundred Eighty Four Thousand Five Hundred Dollars and No Cents ($1,284,500.00) be transferred from Account #411-92000, Snow Ordinary Maintenance, to the various accounts.

Attachments

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

 
G.

Recommend that a supplemental appropriation of Forty Three Thousand Dollars and No Cents ($43,000.00) be transferred from Account #270-91000, Communications Personal Services, to Account #121-92000, Law Court Judgments.

Attachments

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

 
 

8.34

FINANCE ITEMS
Prior Year
 

8.35

FINANCE
Loan Orders
 

8.36

MISCELLANEOUS AGENDA TRANSMITTALS
9.

REPORTS OF THE PLANNING BOARD

9a.

REPORT OF THE PLANNING BOARD Upon the Petition of Susan S. Nichols on behalf of the Owner of Worcester Mill LLC, request to extend the BL-1.0 (Business, Limited) zoning district to encompass the entirety of 195 Mill Street, in order to eliminate the current split zoning of the property.

Attachments

Referred to Economic Development Committee

 

9b.

REPORT OF THE PLANNING BOARD Upon the Petition of Jonathan J. Thomas, Manager of Whippoor LLC, request to extend the RL-7 zone to encompass the following Malden Woods subdivision (O Whippoorwill Drive & 0 Castine St.) parcels: 10, 11, 12, 13 & 14B on Map 32 and Plat 011:00010; 00011, 00012, 00013, & 0014B.

Attachments

Referred to Economic Development Committee

 

9c.

REPORT OF THE PLANNING BOARD Upon the Petition of Mimoon Alwash request Riedl Place be made public

Attachments

Referred to Public Works Committee

 

10.

LOAN ORDER TO BE ADOPTED

10a.

That One Million Dollars And No Cents ($1,000,000.00) from the Loan Order Totaling Two Million Three Hundred Thousand Dollars And No Cents ($2,300,000.00) authorized by the City Council on August 20, 2013 and appropriated to Account 91C7384, Reservoir Rehabilitation, to funds costs associated with Water Rehabilitation projects, including the costs incidental and related thereto is hereby rescinded in it’s entirety; and: That the sum of One Million Dollars And No Cents ($1,000,000.00) be appropriated to Account #91C731A, Water Equipment, including the costs incidental and related thereto.

Attachments

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

 

11.

TO BE ORDAINED

11a.

Amending The Salary Ordinance Of August 20, 1996 Relative to Advanced Educational Stipends for Employees that a members of Local 495, NAGE, SEIU in the job Classifications of Environmental Analyst & Senior Environmental Analyst.

Attachments

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

 

12.

TABLED UNDER PRIVILEGE

12a.

ORDER of Councilor Sean M. Rose - Request City Manager consider creating a rectangular soccer field adjacent to the Roberto Clemente baseball/softball field on the Northeast Cutoff. (Photo attached) (Tabled Under Privilege - Petty April 2, 2019)

Attachments

Councilor Rivera moved to add her name as an author. Order adopted

 

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

 

13d.

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

 

13e.

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

 

14.

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

14a.

ORDER of Councilor George J. Russell – 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. – Item #20a CC Order adopted

 

14b.

ORDER of Councilor Khrystian E. King – 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. – Item #20b CC Order adopted

 

14c.

ORDER of Councilor Konstantina B. Lukes – Request Manager provide the Superintendent of Public Schools his communication relative to the jurisdiction of City Council over WPS-WPD School Resource Officers. – Item #20c CC Order adopted

 

14d.

ORDER of Councilor George J. Russell – 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. – Item #20d CC Order adopted

 

14e.

PETITION of Councilor Sarai Rivera request installation of a handicap parking space in the vicinity of 229 Millbury St. – Item #20e CC Referred to Traffic and Parking Committee

 

14f.

ORDER of Councilor Candy Mero-Carlson – Request City Manager ensure construction vehicles in the Canal District are removed when not in use. – Item #20f CC Order adopted

 

15.

NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the April 9, 2019 City Council meeting

15a.

Motion Bergman @ #8.13A CM – Request Standing Committee on Rules and Legislative Affairs consider amending the first sentence of the proposed Rule 27, Subsection C of the Rules of City Council to read, “A motion to call the previous question shall be in order at any time any agenda item is before the City Council but shall be made before debate, except upon immediate repetition.”

Attachments

Referred to Rules and Legislative Affairs Committee

 

15b.

Motion Lukes @ #8.15A CM – Request City Manager, when working to enforce the City’s sign ordinance, include enforcement of the sign ordinance as it applies to home businesses.

Attachments

Order adopted

 

15c.

Motion Russell @ #8.15A CM – Request City Manager provide enforcement of the sign ordinance in all the city’s districts’ main corridors.

Attachments

Order adopted

 

15d.

Motion Lukes @ #8.16A CM – Request City Manager provide City Council with a report concerning what needs to be done to update the City’s plumbing building codes as a means to increase the city’s rating in the Building Code Effectiveness Grading Schedule.

Attachments

Order adopted

 

15e.

Motion Lukes @ #8.33F CM – Request City Manager provide City Council with an update concerning what the cost of removing snow per inch is in the city.

Attachments

Order adopted