CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 7, 2020

Esther Howland Chamber

Convened: 6:35 P.M.

Adjourned: 7:45 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of December 10, 2019.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of December 17, 2019.

Mayor Petty recognized the following speakers:
1. Idella Hazard, Worcester resident, spoke in favor of #13b CC
2. Nick Worst, Worcester resident, spoke in favor of #13b CC
3. Adam Filker, Worcester resident, spoke in favor of #13b CC
4. Nancy Garr-Colzie, Worcester resident, spoke in favor of #13b CC
5. Nathan Skylar, Worcester resident, spoke in favor of #13b CC
6. Chris Norton, Worcester resident, spoke in favor of #13b CC
7. James Bedard, Worcester resident, spoke in favor of #13b CC
8. Howard Fain, Worcester resident, spoke in favor of #13b CC
9. Linda McGill, Worcester resident, spoke in favor of #14a CC
10. Henry Hernandez, Worcester resident, spoke in favor of #13b CC
11. Candice Gray, Worcester resident, spoke in favor of #13b CC
12. Brenna (no last name given), Worcester resident, spoke in favor of #13b CC
13. Winifred Octave, Worcester resident, spoke in favor of #13b CC
14. Anne Bureau, Worcester resident, spoke in favor of #13b CC
15. Judy Diamondstone, Worcester resident, spoke in favor of #13b CC
16. Jonathan Hardy-Lavoie, Worcester resident, spoke in favor of #13b CC

ORDER - That the Rules of City Council of the City of Worcester be and are hereby amended by deleting the existing text for the City Council’s Rules Appendix B – Committees of the City Council in its entirety and inserting the following new City Council’s Rules Appendix B – Committees of the City Council as attached.

Councilor Candy Mero-Carlson, Mayor Joseph M. Petty, Councilor Gary Rosen, Councilor Morris A. Bergman and Councilor Kathleen M. Toomey request Mullberry St. be renamed Mount Carmel Way.

Carlos Diaz request sidewalk repair on the Perry Ave. side of 35 Euclid Ave.

Councilor Sean M. Rose request Emerson Rd. between Fales St. and Randall St. be resurfaced.

George Ducas request installation of a handicap parking space in front of 85 Fox St.

Benjamin Adjei request installation of resident permit parking in Cutler St. from Dorchester St. to Aetna St.

Councilor Candy Mero-Carlson request installation of "No Left Turn" signage exiting Leo Turo Way onto Shrewsbury St.

Councilor Candy Mero-Carlson request installation of "No Parking Here to Corner" signage on the right side of 156 Shrewsbury St.

Councilor Candy Mero-Carlson on behalf of Ron Hayes request installation of resident permit parking in front of Open Sky Group Home, located at 5 Sturgis St.

Steven Gallati request removal of handicap parking space in front of 17-19 Shelby St.

CROWN CASTLE FIBER LLC for a conduit location at: MAIN ST.

CROWN CASTLE FIBER LLC for a conduit location at: BELMONT ST.

CHARTER COMMUNICATIONS for a conduit location at: GROVE ST.

Transmitting informational communication relative to the appointment of William George, Noel Nieves, Lee Hall, Kevin Derry and David Meyers as Constable.

Transmitting informational communication relative to the Construction Progress Report for the month ending November 30, 2019.

Recommend that Three Hundred Three Thousand Dollars And No Cents ($303,000.00) be transferred from Loan Account # 91C7114, Citywide Building Rehab, and be appropriated to Parks Account # 72C70251, Stearns Tavern to allow for contractually obligated payments associated with the Stearns Tavern building renovations.

Recommend that One Hundred Forty Nine Thousand One Dollars And No Cents ($149,001.00) be transferred from Loan Account # 91C724B, Traffic and Street Lights, and be appropriated to DPW Account # 41C712, Street Lights to reduce the current deficit completed for street light improvements.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from DPW Account # 91C745B, Sewer Construction, and be appropriated to DPW Account # 44C732, Sewer System Control, to allow for contractually obligated payments associated with ongoing sewer construction contracts.

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 the Massachusetts Libraries Commission under the Complete Count Grant Program program.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Ten Thousand Dollars And No Cents ($10,000.00) from Massachusetts Board of Library Commissioners under the Mind in the Making program.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Three Hundred Seventy Five Thousand and No Cents ($375,000.00) from the MassHire Department of Career Services - Moving to Work Initiative funded through the Department of Housing and Community Development (DHCD).

Recommend adoption of a resolution to file, accept and expend a grant in the amount of up to Thirty Thousand Dollars and No Cents ($30,000.00) from the Massachusetts Environmental Trust (MET or Trust) for projects that protect endangered marine animals, and activities that restore and improve critical aquatic ecosystems.

Recommend that Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from Sewer Account #440-91000, Salaries, and be appropriated to Sewer Account #440-97000, Overtime, to cover anticipated overtime costs.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Tax-Levy Account #410-91000, Salaries, and be appropriated to Tax-Levy Account #410-97000, Overtime, to cover anticipated overtime costs.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Account #110-92000, EAM Ordinary Maintenance, and be appropriated to Account #110-97000, EAM Overtime, to cover anticipated overtime costs.

Recommend that Two Hundred Thirty Two Thousand Dollars And No Cents ($232,000.00) be transferred to provide sufficient funding for the Cable PEG Program for the 3rd Quarter of Fiscal Year 2020

Recommend that Forty Nine Thousand Six Hundred Seventeen Dollars And Fifty Cents ($49,617.50) be transferred from Account #330-08, Reserve for Appropriation on Loans, to Account #660-92000, Treasurer’s Office Ordinary Maintenance, to fund the costs associated with the issuance of the Series A and Series B Bond Anticipation Notes.

Recommend that Five Hundred Sixteen Thousand Seven Hundred Dollars And No Cents ($516,700.00) be transferred from Account #260-91101, Worcester Fire Department Salaries, to Account #260-97201, Worcester Fire Department Overtime.

Recommend that Twelve Thousand Eight Hundred Sixty Dollars and Seven Cents ($12,860.07) be authorized from the Fire department's various accounts to provide funds for payment of prior year invoices.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager recommend avenues to find the installation of aesthetically appropriate street lighting in the Crown Hill Historic District.

FROM THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS - Request City Manager report to City Council the number of city employees who are currently appointed to an Advisory Board or Commission and provide their department of employment.

FROM THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS - Request City Manager request an advisory opinion from the State Ethics Commission regarding the city’s policy as to city employees serving on advisory boards and commissions.

FROM THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS - Request City Clerk attach the City Council’s rules regarding public participation to the City Council agenda and post them in the City Council Chamber.

FROM THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS - Request City Manager request the City Solicitor, at the next City Council meeting, inform City Council of the importance of understanding and adhering to City Council’s Rule 33 – “Emergency Items and Items Not Reasonably Anticipated” relative to items not appearing on the posted agenda. (See attached copy of Rule 33) as well as the responsibilities of the Chair to ensure these rules are enforced.

Request City Manager develop plans for making improvements to Duffy Field and Foley Stadium in an effort to increase the availability of athletic fields. (Wally, Petty, Toomey, Rose, Rosen, Rivera, King)

Request Public Service and Transportation Committee hold public hearings throughout the city to consider the recommendations made by the Worcester Municipal Research Report in a report of May 2019. The report deals with the feasibility and desirability of establishing a three-year first of its kind pilot project in Massachusetts in which the WRTA would implement a fare-free system. As in several other cities and towns across America, it is expected that such a change would significantly increase ridership, reliability and efficiency, among others. (Rosen, Rivera)

Request City Manager request Police Chief provide traffic enforcement of resident permit parking on Elizabeth St. (Mero-Carlson)

That the City Council of the City of Worcester does hereby support the efforts being made by Worcester's Softball representatives, including Linda McGill of Massachusetts District 4 Little League, to bring the Little League Softball World Series to the city. (King, Petty, Mero-Carlson, Rose, Rosen, Bergman, Toomey, Rivera)

John W. Parsons, Executive Director of PERAC (Public Employee Retirement Administration Commission) transmitting communication regarding the amount appropriated for the city's retirement system for Fiscal Year 2021.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Donald J. O'Neil, Esq. on behalf of David and Michelle M. Hutchins request to amend the Zoning Map by extending the RL-7 Zoning District in the vicinity of Reeves St. northerly to include the lot located at 5 Reeves St. in it's entirety and to exclude said lot in it's entirety from the Commercial Corridors Overlay District: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order Councilor George J. Russell - Request City Council Standing Committee on Economic Development work in conjunction with the City’s Economic Development staff to conduct a series of five listening sessions, one in each district, where small business owners throughout the City can provide advice and feedback to the Standing Committee and staff concerning how the City could help with supporting their businesses: recommend adoption of the accompanying Order to request City Manager provide City Council with information concerning the various business association meetings that are being covered by City staff.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Sean M. Rose request installation of a light post on the corner of St. Nicholas Ave. and Squantum Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Matthew E.Wally request installation of additional street lighting in Bailey St., between Assabet Lane and Foxmeadow Dr.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Eleanor Gilmore request installation of an additional street light in the vicinity of Hawley St. and Pleasant St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Sylvester Konadu et al request street lights be installed on Pole Numbers 4, 5 and 6 on Third St.: recommend adoption of the amended accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Donald Mancini, Manager of 969 Main Realty LLC request street lights be installed on poles 17, 19, 21, 23 and 24 on Brooks St.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Matthew Nasif request the street light pole in front of 464 Salisbury St. be moved to the property line between 464 Salisbury St. and 474 Salisbury St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Stacy Radziewicz request installation of a street light on Pole 156-1 at the intersection of Whispering Pine Cir. and West Boylston St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager Transmitting information requested by City Council regarding an Amendment to the Rules of the City Council giving a Motion to File a Higher Priority: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Order of Councilor Gary Rosen, Councilor Konstantina B. Lukes, Councilor Candy Mero-Carlson, Councilor Morris A. Bergman - In light of the City Council's recent unanimous vote to declare and respond to a climate emergency, request City Council amend its Committees of the City Council so that a new Environment and Sustainability standing committee be formed. As in Boston, this committee shall concern itself, among others, with the natural resources of the city, issues of air, land, and water pollution, resource recovery efforts and issues related to waste disposal and land reclamation. The committee also shall examine technologies and innovations regarding energy savings and efficiency.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS Upon the Petition of Patricia Smith Murphy request to include the name of Pvt. Harold T. Smith, U.S. Army, 175th Inf. 29th Div. on the World War II Memorial entitled "South Worcester Honors Those Who Served" which is located on College St., near Holy Cross College. (Amended to include Arthur J. Smith, a retired Air Force Captain): recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Report of the Committee on Traffic and Parking Upon the Petition of Flor Portillo request installation of a handicap parking space in front of 21 Marion Ave.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Kimberly Dover request installation of a handicap parking space across from 16 Ashmont Ave.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Greg Cybula request the removal of two handicap parking signs in front of 2 Stockton St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Nicole Gulbankian request installation of "No Parking Anytime" signage in front of 64 Norfolk St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Candy Mero-Carlson request installation of “No Parking Anytime” signage throughout the entire length of Natick St., on the west side of the street: recommend passage of the accompanying proposed Ordinance.

Amending The Salary Ordinance Of August 20, 1996 Occupational Group A - Administrative And Supervisory Occupational Group EM – Executive Management.

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Amend Handicap Parking On Maple Terrace. Amending Section Of 42 Chapter 13 Of The Revised Ordinances Of 2008 To Rescind Maple Terrace Parking Meters.

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Amend One Hour Parking On West Boylston Street. Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking In Front Of 352 West Boylston Street.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Install No Parking Anytime On Sunrise Avenue.

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)

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)

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)

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)

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)

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)

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)

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)

ORDER of Councilor Kathleen M. Toomey - In light of recent events, request City Manager consider establishing a process to inspect rental apartments, which would help to confirm structural changes are done to the standards set by Inspectional Services, in the interest of public service. Further, request City Manager provide City Council with a recommendation as to how often these inspections should take place. (Tabled - King December 17, 2019)

ORDER of Councilor Matthew E. Wally – That the Tax Rate for Fiscal Year 2020 be set at $17.52 for Residential Property and $33.62 for Commercial, Industrial and Personal Property. – Item #20a CC Order denied on a roll call vote of 3 Yeas and 8 Nays

ORDER of Councilor Sean M. Rose – That the Tax Rate for Fiscal Year 2020 be set at $17.10 for Residential Property and $34.86 for Commercial, Industrial and Personal Property. – Item #20b CC Order denied on a roll call vote of 2 Yeas and 9 Nays

ORDER of Councilor Candy Mero-Carlson – That the Tax Rate for Fiscal Year 2020 be set at $17.00 for Residential Property and $35.16 for Commercial, Industrial and Personal Property. – Item #20c CC Order adopted on a roll call vote of 7 Yeas and 4 Nays

ORDER of Councilor Candy Mero-Carlson – Request City Manager provide City Council with a report recommending safety measures that can be taken in the vicinity of Burncoat Middle School, including whether a flashing yellow pedestrian crossing signal would be appropriate for the location. – Item #20d CC Order adopted

Motion King @ #14a CC – Request City Clerk provide a copy of Item #14a CC on the City Council agenda for January 7, 2020 be sent to the decision makers for the location of the Little League Softball World Series.

Motion Toomey – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks look into the feasibility of using Parsec Roadway Application Systems and whether it would be an appropriate system for the city.