CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 22, 2019

Esther Howland Chamber

Convened: 6:31 P.M.

Adjourned: 7:04 A.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 Father Torkom Chorbajian, Armenian Apostolic Holy Trinity

2.

PLEDGE OF ALLEGIANCE & STAR SPANGLED BANNER

3.

ROLL CALL - All present with the Mayor as the Chair, except for Councilor Rose and Councilor Toomey. Councilor Toomey arrived at 6:51 P.M.

4.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

4a.

MOMENT OF SILENCE in memory of Brian A. O’Connell, who passed away Friday, October 18, 2019 at the age of 70. Mr. O’Connell will be remembered as a dedicated public worker, serving 36 years as a member of Worcester’s School Committee.

 

4b.

Mayor Petty recognized Worcester County District Attorney Joseph D. Early, Jr., who was in attendance for the City Council meeting.

 

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 September 24, 2019.

Attachments

Mayor Petty read the Item and moved to approve the minutes of the September 24, 2019 City Council meeting. Order adopted on a voice vote.

 

6.

PUBLIC PARTICIPATION

6a.

Mayor Petty recognized the following speakers:
1. Josh Abrahams, Stoneham resident, spoke under suspension of rules concerning an incident involving the Worcester Police Department
2. Victoria DiMassa, Worcester resident, spoke in favor of #7c CC
3. Rhonda Hicks a.k.a. Wahya Gutste Wolfpaw, no residence given, spoke in favor of #7l CC
4. Shaheem, Auburn resident, spoke concerning climate change issues in #5a CC

 

7.

PETITIONS

7a.

Patricia Allen request the sidewalk in front of 48 Eureka St. be replaced.

Attachments

Mayor Petty moved to take up Item #7a CC through #7f CC collectively, which was approved on a voice vote. Mayor Petty moved to refer the Items to Public Works Committee. Referred to Public Works Committee.

 

7b.

Victoria DiMassa et al request installation of a sidewalk with adequate drainage on the west side of Flagg St. from Children Hill Dr. to High Ridge Rd. to improve the safety of drivers and pedestrians on Flagg St.

Attachments

Referred to Public Works Committee (See Item #7a CC) Note: The petitioner spoke during the Public Participation portion of the agenda.

 

7c.

Victoria DiMassa et al request sidewalk repair for Flagg St. from High Ridge Rd. to Pleasant St.

Attachments

Referred to Public Works Committee (See Item #7a CC)

 

7d.

Jo Hart request city of Worcester establish a new public safety program for constructing new sidewalks for all streets in the city immediately for pedestrian public safety.

Attachments

Mayor Petty read the Item and recognized the Petitioner, who spoke in favor of the Item. Mayor Petty moved to refer the Item to Public Works Committee. Referred to Public Works Committee (See Item #7a CC)

 

7e.

Councilor Khrystian E. King on behalf of Anne Tsuji request installation of a guard rail at the intersection of Moreland St. and Salisbury St. around the property at 579 Salisbury St.

Attachments

Referred to Public Works Committee (See Item #7a CC)

 

7f.

Pia Gaines request sidewalk repair for the odd side of Waverly St., from Coral St. to Providence St.

Attachments

Referred to Public Works Committee (See Item #7a CC)

 

7g.

Councilor Candy Mero-Carlson request installation of a "Blind Driveway" sign at 10 Natural History Rd.

Attachments

Mayor Petty moved to take up Item #7g CC through #7k CC collectively, which was approved on a voice vote. Mayor Petty moved to refer the Items to Traffic and Parking Committee. Referred to Traffic and Parking Committee.

 

7h.

William S. Coleman, III et al request installation of a blinking stop light on Coburn Ave. and Lake View St. in the vicinity of Lake View School.

Attachments

Mayor Petty read the Item and recognized the Petitioner, who spoke in favor of the Item. Mayor Petty moved to refer the Item to Traffic and Parking Committee. Referred to Traffic and Parking Committee. (See Item #7g CC)

 

7i.

Sean Kelley request Merchant St. from Main St. to Apricot St. be made a one-way street.

Attachments

Referred to Traffic and Parking Committee (See Item #7h CC)

 

7j.

Councilor Khrystian E. King on behalf of Alex Zequeira request installation of a “Blind Driveway” sign in the vicinity of the driveway for 531 Salisbury St.

Attachments

Referred to Traffic and Parking Committee (See Item #7h CC)

 

7k.

Heather Nascimento request installation of additional handicap parking spaces behind 340 Main St.

Attachments

Referred to Traffic and Parking Committee (See Item #7h CC)

 

7l.

Rhonda Hicks a.k.a. Wahya Gutste Wolfpaw request for the city of Worcester abolish Columbus Day and replace the holiday with Indigenous Peoples' Day.

Attachments

Mayor Petty read the Item and moved to refer it to the City Manager. Referred to the City Manager. Note: The petitioner spoke during the Public Participation portion of the agenda.

 

7m.

Evan Corrigan request city of Worcester prepare a commemoration on February 29, 2020 to celebrate the 172nd anniversary of its incorporation as a city.

Attachments

Mayor Petty read the Item and moved to refer it to the City Manager. Referred to the City Manager.

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting informational communication relative to the appointment of Frances Anthes to the Board of Health.

Attachments

Mayor Petty read the item and moved to place the Item on file. Placed on file.

 
 

8.2

APPOINTMENTS
City Council Confirmation
A.

Recommend the appointment of Casey Thomas to the Advisory Committee on the Status of Women.

Attachments

Mayor Petty read the Item and moved for a roll call on the Item. Confirmed on a roll call vote of 10 Yeas and 0 Nays (Rose absent).

 
B.

Recommend the appointment of Elle Parker to the Citizen Advisory Council.

Attachments

Mayor Petty read the Item and moved for a roll call on the Item. Confirmed on a roll call vote of 10 Yeas and 0 Nays (Rose absent).

 
 

8.3

DEPARTMENT OF HUMAN RESOURCES
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
 

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
A.

Recommend City Council's approval to solicit a contract for up to six (6) years for maintenance of aquatic facilities.

Attachments

Mayor Petty read the Item and moved for a roll call on the Item. Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent).

 
B.

Transmitting informational communication relative to public meetings to discuss the City of Worcester Open Space and Recreation Plan.

Attachments

Mayor Petty read the Item and moved to place it on file. Placed on file.

 
C.

Transmitting informational communication relative to the City of Worcester being named Tree City USA for the thirty third consecutive year.

Attachments

Mayor Petty read the Item and moved to place it on file. Placed on file.

 
 

8.9

FIRE DEPARTMENT
 

8.10

POLICE DEPARTMENT
 

8.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

8.12

LICENSE COMMISSION
 

8.13

LAW DEPARTMENT
 

8.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

8.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

8.16

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

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
Treasury and Collections Division
A.

Recommend the transfer of jurisdiction of land at 124 Piedmont Street, from the Tax Title Custodian to the jurisdiction of the Department of Public Works & Parks, per Chapter 40 Section 15A.

Attachments

Mayor Petty read the Item and recognized Councilor Bergman, who spoke concerning the Item. Mayor Petty recognized the Chief Financial Officer, who spoke concerning remarks made by Councilor Bergman. Mayor Petty moved for a roll call on the Item. Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent).

 
 

8.30

DEPARTMENT OF TECHNICAL SERVICES
 

8.31

FINANCE ITEMS
Capital Transfers
 

8.32

FINANCE ITEMS
Grants and Donations
A.

Recommend adoption of a resolution to accept and expend a Jail/Arrest Diversion Grant in the amount of Forty Five Thousand Dollars and No Cents ($45,000.00) from the Massachusetts Department of Mental Health

Attachments

Mayor Petty moved to take Items #8.32A CM through #8.32F CM collectively, which was approved on a voice vote. Mayor Petty moved for a roll call on the Items. Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
B.

Recommend adoption of a resolution to apply for, accept and expend a grant of up to two hundred and seventy five thousand dollars and no cents ($275,000.00) from the Commonwealth of Massachusetts Department of Housing & Community Development Gateways Housing Rehabilitation Program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent) (See Item #8.32A)

 
C.

Recommend adoption of a resolution to file, accept and expend a Traffic Enforcement Grant from the State Highway Safety Division in the amount of Fifty Thousand Dollars and No Cents ($50,000.00)

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent) (See Item #8.32A)

 
D.

Recommend adoption of a resolution to file, accept, and expend a grant in the amount of Three Hundred Thousand Dollars And No Cents ($300,000.00) from the Massachusetts Department of Public Health (MDPH) Bureau of Substance Addiction Services (BSAS) through the Substance Abuse Prevention Collaborative (SAPC) grant across the Central MA Regional Public Health Alliance.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent) (See Item #8.32A)

 
E.

Recommend adoption of a resolution to accept with gratitude a donation of travel-related expenses with an estimated value of up to Five Thousand Dollars and No Cents ($5,000.00) from PlayPower/Little Tikes Commercial for an educational meeting and factory tour for DPW&P employees responsible for the management, maintenance and operations of Worcester's Municipal Playgrounds.

Attachments

Resolution adopted with gratitude on a roll call vote of 10 Yeas and 0 Nays (Rose absent) (See Item #8.32A)

 
F.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) from the Massachusetts Department of Elementary and Secondary Education under the Quality Enhancements in After-School and Out-of-School Time (ASOST-Q) program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent) (See Item #8.32A)

 
 

8.33

FINANCE ITEMS
Operational Transfers
 

8.34

FINANCE ITEMS
Prior Year
A.

Recommend that Two Hundred Forty Nine Dollars and Thirty Cents ($249.30) be authorized from Account #030-92138, Mayors Ordinary Maintenance, to provide funds for a prior year invoice associated with the Xerox machine.

Attachments

Mayor Petty read the Item and moved to adopt the Order. Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rose absent)

 
 

8.35

FINANCE
Loan Orders
 

8.36

MISCELLANEOUS AGENDA TRANSMITTALS
9.

TABLED UNDER PRIVILEGE

9a.

ORDER of Councilor Matthew E. Wally - Request the Parking Control Officer provide enforcement of the "No Parking" within 20' of a crosswalk in the vicinity of 193-195 Lake Ave. (Tabled Under Privilege - Wally September 24, 2019 and Tabled Under Privilege - Mero-Carlson October 15, 2019)

Attachments

Mayor Petty read the Item and recognized Councilor Mero-Carlson, who moved to file the Item. Placed on file.

 

9b.

COMMUNICATION of the City Manager recommend that Ninety Two Thousand Three Hundred Sixty One Dollars and No Cents ($92,361.00) be transferred as described to fund the demolition of the dilapidated building at 36 Washington Square and other dangerous dilapidated buildings identified by the Department of Inspectional Services. (Tabled Under Privilege - Rivera October 15, 2019)

Attachments

Mayor Petty read the Item and moved to recommit the Item back to the City Manager. Recommitted to the City Manager.

 

10.

TABLED ITEMS

10a.

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

 

10b.

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

 

10c.

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

 

10d.

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

 

10e.

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

 

10f.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Susan Burns & Mary Landry request abatement of sewer betterment assessment #31247 in the amount of $36,000.00 for Luther Ave.: recommend Petition be denied. (Tabled Under Privilege - Rose April 23, 2019 and Tabled - Russell April 30, 2019)

Attachments

No action taken

 

10g.

TO BE ORDAINED - Amending Section 2 Article III Of The Worcester Zoning Ordinance Adopted April 2, 1991 Relative To Extending The Bl-1.0 And Commercial Corridor Overlay (CCOD) Zoning Districts In The Vicinity Of The Property Located At 57 Highland Street And 33 & 35 Wachusett Street. (Tabled Under Privilege - Petty June 25, 2019 and Tabled - Wally July 23, 2019)

Attachments

No action taken

 

10h.

ORDER of Councilor George J. Russell – That City Council does hereby support the Comprehensive Clean City Program as submitted to City Council, with the exception of changing the price increase on garbage bags from fifty cents to twenty-five cents and eliminating the clear plastic bag portion of the program. (Tabled Under Privilege - Petty July 23, 2019 and Tabled - Russell August 13, 2019)

Attachments

No action taken

 

10i.

ORDER of Councilor Candy Mero-Carlson - That City Council does hereby support the Comprehensive Clean City Program as submitted to City Council. Further, request City Manager provide City Council with a review of the Comprehensive Clean City Program in one year’s time. Further, request City Manager consider providing all neighborhood based clean-up grants to only established neighborhood groups. (Tabled Under Privilege - Petty July 23, 2019 and Tabled - Russell August 13, 2019)

Attachments

No action taken

 

10j.

ORDER of Councilor Matthew E. Wally – That City Council does hereby support the Comprehensive Clean City Program as submitted to City Council, with the exception of implementing an a la carte system for purchasing clear plastic recycling bags and yellow trash bags, which would allow residents to purchase large bags separately from small bags, and yellow trash bags separately from clear plastic recycling bags. (Tabled Under Privilege - Petty July 23, 2019 and Tabled - Russell August 13, 2019)

Attachments

No action taken

 

10k.

ORDER of Councilor Konstantina B. Lukes - Request City Manager request City Solicitor provide City Council with a legal opinion regarding the process of instituting a residential rent control program and the resulting impact of implementing such a program. (Tabled Under Privilege - Lukes September 17, 2019 and September 24, 2019 and Tabled - Lukes October 15, 2019)

Attachments

No action taken

 

11.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the October 15, 2019 City Council meeting.

11a.

ORDER of Councilor Matthew E. Wally – Request City Manager promote public safety as it relates to Halloween through a press release, social media posts, the city’s website and any other appropriate channels. – Item #16a CC Order adopted

 

11b.

ORDER of Councilor Gary Rosen – Request City Manager consider regulating the time of trick-or-treating during Halloween festivities in an effort to promote safety for all those involved. – Item #16b CC Order adopted

 

11c.

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with a report concerning the number of accidents that have occurred at the intersection of Greenwood St. and Spofford Rd., in the interest of public safety. – Item #16c CC Order adopted

 

11d.

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with a report concerning examining traffic patterns in the vicinity of all bus stops. – Item @16d CC Order adopted

 

11e.

ORDER of Councilor George J. Russell – Request City Manager reach out to Mr. Robert Kraft to seek funding for a flashing pedestrian light at the intersection of Greenwood St. and Spofford Rd. – Item #16e CC Order adopted

 

11f.

ORDER of Councilor Kathleen M. Toomey – Request City Manager look into what is being done in other communities to help educate bicyclists concerning safely riding bikes in public roads. – Item #16f CC Order adopted

 

11g.

ORDER of Councilor Konstantina B. Lukes – Request City Manager consider reviewing the policies requiring employees to reside in the city at the time of their hiring in an effort to recruit the highest level of expertise required for certain positions. – Item #16g CC Order adopted

 

11h.

ORDER of Councilor Konstantina B. Lukes – Request City Manager request Commissioner of Public Works and Parks provide City Council with a report concerning Chapter 7 of the city’s Integrated Water Resources Management Plan concerning the estimated costs that will be passed on to rate payers. – Item #16h CC Order adopted

 

11i.

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report concerning whether any other management companies were considered prior to an agreement to award operational services at the DCU Center Arena and Convention Center Operator, as well as providing an overview of the process for selecting a management company for those services. – Item #16i CC Order adopted

 

11j.

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with an update on a previous request concerning placing narcan in public venues where overdoses have occurred. – Item #16j CC Order adopted

 

11k.

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with the feasibility of installing speed cushions in areas of the city. – Item #16k CC Order adopted

 

11l.

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report concerning whether there is legislation that prohibits the city from installing speed bumps. Further, request City Manager provide City Council with a report concerning whether all stop signs need to be approved by the State of Massachusetts. Further, request provide City Council with information concerning any federal warrants associated with installing stop signs. – Item #16l CC Order adopted as amended

 

11m.

ORDER of Councilor Kathleen M. Toomey – Request City Manager look into the city of Boston’s Slow Street report to determine similar practices that could be implemented in the city. Further, request City Manager consider the feasibility of installing raised, 3D crosswalks in areas of the city. – Item #16m CC Order adopted

 

11n.

ORDER of Councilor Kathleen M. Toomey – Request City Manager initiate an education program concerning safe driving to be supported by the local media. – Item #16n CC Order adopted

 

11o.

ORDER of Councilor Kathleen M. Toomey – Request City Manager request Police Chief provide City Council with a report concerning the feasibility of expanding the Police Department’s Traffic Division, which would include any costs associated with the expansion as well as information concerning whether a position related to educating the public concerning traffic regulations could be added to the department. – Item #16o CC Order adopted

 

11p.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report in six months concerning what needs to be done concerning monitoring 5G technologies within the city, as well as any data regarding 5G technologies. – Item #16p CC Order adopted

 

12.

NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the October 22, 2019 City Council meeting.

12a.

Motion Rivera – Suspension of Rules – Request City Manager send Quality of Life team to Lafayette St. to determine whether any littering or nuisance properties can be cleaned up.

Attachments

Mayor Petty moved to adopt the Item. Order adopted.

 

12b.

Motion Toomey – Suspension of Rules – Request City Manager provide City Council with an update concerning any solutions for pedestrian safety measures in the city, especially in regards to student safety near schools.

Attachments

Mayor Petty recognized Councilor Mero-Carlson, who spoke concerning the Item. Mayor Petty moved to adopt the Item. Order adopted.