CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 14, 2017

Esther Howland Chamber

Convened: 7:04 P.M.

Adjourned: 7:36 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Morris A. Bergman Tony Economou
Michael T. Gaffney Khrystian E. King
Konstantina B. Lukes Candy Mero-Carlson City Clerk
Susan M. Ledoux
Sarai Rivera Gary Rosen
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE & STAR SPANGLED BANNER

2.

ROLL CALL - All present with the Mayor as the Chair except for Councilors Gaffney and Lukes.

3.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

3a.

Mayor Petty presented a Key to the City to Juan Gomez from Centro, Incorporated, which is celebrating their fortieth anniversary providing multicultural and multilingual services to some of Worcester County’s most at-risk people. Juan Gomez was accompanied by Louise Jeffy, Roberto Diaz, Natalie Zelaya, Ydalia Heimann, Maggie Roman, Lourdes Gonzalez-Gomez, Eileen Berger, Lisa Rodriguez, Maritza Rodriguez, Ericka Cobos, Nelida Machicote, Merari Alvarado, Victor Alvarado and Richard Rafferty.

 

3b.

Mayor Petty recognized the Urban Studies class from Clark University being taught by former Mayor Joseph C. O’Brien in attendance at the meeting.

 

4.

APPROVAL OF THE MINUTES

4a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of October 24, 2017.

Attachments

Order adopted

 

5.

PUBLIC PARTICIPATION

5a.

Mayor Petty recognized the following speakers:
1. Idella Hazard, Worcester resident
2. Michael Paika, Shrewsbury resident

 

6.

HEARING & ORDER

6a.

Hearing: LIGHTOWER FIBER NETWORKS LLC for a conduit location at: GARDNER AND SOUTHGATE STS. Granting permission to LIGHTOWER FIBER NETWORKS LLC for a conduit location at: GARDNER AND SOUTHGATE STS.

Attachments

Hearing Held & Order adopted

 

7.

PETITIONS

7a.

Jackie Roberts request removal of dangerous tree/ and or branches across from 4 Elizabeth St.

Attachments

Petitioner spoke and Referred to the Department of Public Works and Parks

 

7b.

Michael Huss request a tree be replaced in front of 19 Benson St.

Attachments

Referred to the Department of Public Works and Parks

 

7c.

Martha Hawley request the RG-5 zone be extended to include Parcel B and Parcel D of 7 Brookfield St. and 15, 17 and 19 Milton St.

Attachments

Referred to Planning Board

 

7d.

Nick Lewis and John Stoll request to extend the BL-1.0 zone to encompass the entire lot at 127 Cambridge St.

Attachments

Referred to Planning Board

 

7e.

Tony Toscano request more police patrols on Wachusett St. on Fridays, Saturdays and Sundays between the hours of 11:00 PM and 3:00 AM.

Attachments

Referred to Public Safety Committee

 

7f.

Jackie Roberts request sidewalk repair across from 4 Elizabeth St.

Attachments

Petitioner spoke and Referred to Public Works Committee

 

7g.

Christina Petmezis request Conway St be resurfaced.

Attachments

Referred to Public Works Committee

 

7h.

Joel Shaw, Secretary for Worcester Chevra Kadisha request abatement of sewer betterment assessment #31225 in the amount of $6,300.00 for Havana Rd.

Attachments

Referred to Public Works Committee

 

7i.

Kathleen S. Dulude request abatement of sewer betterment assessment #31211 in the amount of $12,500.00 for Dominion Road.

Attachments

Referred to Public Works Committee

 

7j.

Councilor George J. Russell request Derby St., from Houghton St. to South Stowell St. be resurfaced.

Attachments

Referred to Public Works Committee

 

7k.

Robert Donahue on behalf of Margaret Donahue request installation of a handicap parking space in front of 4 Anderson Ave.

Attachments

Referred to Traffic and Parking Committee

 

7l.

Barbara Crowley request No Parking be installed on Howe St. across from the nine garages between #3 and #1.

Attachments

Referred to Traffic and Parking Committee

 

7m.

Maria Tranakas on behalf of Antonio Tranakas request installation of a handicap parking space in front of 4 Loxwood St.

Attachments

Referred to Traffic and Parking Committee

 

7n.

Roberta Adams request installation of a handicap parking space in front of 197 Eastern Ave.

Attachments

Referred to Traffic and Parking Committee

 

7o.

David Baccus request installation of No Parking signage on the light pole between the two driveways of #4 and #8 Allen St.

Attachments

Referred to Traffic and Parking Committee

 

7p.

Tony Toscano request installation of No Parking area near stop sign at the end of Wachusett St. at Highland St.

Attachments

Referred to Traffic and Parking Committee

 

7q.

June Sullivan request installation of a handicap parking space at the corner of 22 Plantation St. and Leon St.

Attachments

Referred to Traffic and Parking Committee

 

7r.

Councilor Gary Rosen request installation of a crosswalk from Ball St., across Mill St., to Coes Park.

Attachments

Referred to Traffic and Parking Committee

 

7s.

Richard Surrette request left and right turn lanes be designated at the end of the one way portion of Russell St. for turns into Pleasant St.

Attachments

Referred to Traffic and Parking Committee

 

7t.

Norma Delgado request installation of a handicap parking space across from 36 Gates St. due to winter parking ban.

Attachments

Referred to Traffic and Parking Committee

 

7u.

Jo Hart request City of Worcester immediately (because of time constraints) purchase the former public market building at 627 Main St. and transfer it to be completely owned by the entire public of Worcester, via a real estate form of public shares owned entirely by Worcester residents and restored to be a complete public market.

Attachments

Petitioner spoke and 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 Caroline Sullivan to the Elder Affairs Commission.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
A.

Recommend appointment of Christine Greenawalt to the Citizen Advisory Council.

Attachments

Confirmed on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 
B.

Recommend appointment of Rane Bracey-Westbrook to the Worcester Housing Authority.

Attachments

Confirmed on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 
 

8.3

DEPARTMENT OF HUMAN RESOURCES
A.

Recommend adoption of Salary Ordinance Amendments.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Transmitting informational communication relative to the 2017 Holiday Events & Winter Activities.

Attachments

Placed on file

 
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Recommend adoption of an Order of Taking relative to Harding Street.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 
 

8.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

8.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting informational communication relative to the Keep Worcester Clean (KWC) Activity Report for the month of September 2017.

Attachments

Referred to Public Works Committee

 
 

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
 

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
A.

Recommend adoption of an Order authorizing the rental of space at the Worcester Senior Center.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 
 

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
A.

Transmitting informational communication relative to the Fiscal Year 2018 Tax Classification.

Attachments

Held for November 28, 2017 Tax Classification Hearing

 
 

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
A.

Recommend that Seventy Three Thousand Five Hundred Twenty Five Dollars and No Cents ($73,525.00) be transferred from Account #91C7804, Citywide Capital Equipment, to Account #28C701, Inspectional Service Capital Equipment, to pay for City vehicles, as approved for the DIS FY18 Capital Budget.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 
B.

Recommend that Twenty Nine Thousand Four Hundred Seventy Five Dollars And No Cents ($29,475.00) be transferred from Loan Account #91C7804, Citywide Capital Equipment, to Account #25C701, Police Capital Equipment for the MILO Interactive Firearms and Force Training System

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 
 

8.32

FINANCE ITEMS
Grants and Donations
A.

Recommend adoption of a resolution to file and accept a Revolving Loan Fund Grant from the U.S. Environmental Protection Agency's Brownfields Program in the amount of One Million Dollars and No Cents ($1,000,000.00)

Attachments

Resolution adopted on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 
B.

Recommend adoption of a resolution to accept and expend funds from Quinsigamond Community College and the AMP it up! grant, administered by MassDevelopment. The total award amount for this funding opportunity is One Thousand Three Hundred Dollars and No Cents ($1,300.00).

Attachments

Resolution adopted on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 
 

8.33

FINANCE ITEMS
Operational Transfers
A.

Recommend the transfer of One Hundred Fifty Eight Dollars and Ninety Cents ($63,158.90) from Account #330-54, Greenwood Street Landfill, to Account #04S505, Quinsigamond Village Economic Development to reimburse for a completed facade project.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 
 

8.34

FINANCE ITEMS
Prior Year
 

8.35

FINANCE
Loan Orders
 

8.36

MISCELLANEOUS AGENDA TRANSMITTALS
9.

ORDERS

9a.

Request City Manager, while creating a master plan for Lake Quinsigamond,. consider the feasibility of building a community rowing center which can include space for both Worcester Fire and Worcester Police Departments boats. (Petty)

Attachments

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

 

9b.

Request City Manager consider implementing free downtown holiday parking from Thanksgiving to the New Year. (Petty)

Attachments

Order adopted

 

9c.

Request City Manager request the Chief Financial Officer and City Assessor add lines/information on the tax assessment tables as soon as possible to show how decreases in the budget of $500,000 increments from $500,000 to $4,000,000 would impact lines 210-230. (Bergman)

Attachments

Councilor Bergman moved to amend to include lines 210-239. Order adopted as amended

 

10.

COMMUNICATION OF THE CITY CLERK

10a.

Transmitting informational Communication regarding the upcoming vacancies in the Library Board of Directors, effective January 1, 2018.

Attachments

Placed on file

 

11.

REPORTS OF THE COMMITTEE ON TRAFFIC AND PARKING

11a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Johanny Mercado request removal of a handicap space in front of 14 Plantation St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 

11b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Michelle Sampson on behalf of Roberta Marengo request installation of a handicap parking space in front of 9 Plantation St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 

11c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Eric Cofske on behalf of Elazar Nudell request a installation of handicap parking space in front of 19 Brantwood Rd.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 

11d.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Dawn Kucknicki request installation of a handicap parking in front of 4 Mott St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 

11e.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Fulvia D'Amico request installation of a handicap parking space on the Standish St. side of 563 Grafton St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 

11f.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mary Cronin on behalf of Lillian McGinn request installation of a handicap parking space in front of 7 Ruth St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 

11g.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Nathacha Perez request installation of a handicap parking space in front of 69 Haven Lane: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 

11h.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Charles Buduski et al request installation of a permanent parking ban on the even side of Stafford St. between 200 Stafford St. and Abington St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 9 Yeas and 0 Nays (Gaffney, Lukes absent)

 

12.

TABLED UNDER PRIVILEGE

12a.

ORDER of Councilor Konstantina B. Lukes - Request City Council to vote on an amount of dollars for tax relief for taxpayers prior to the election. (Tabled Under Privilege - Economou October 24, 2017 and Tabled Under Privilege - Toomey October 31, 2017)

Attachments

Mayor Petty moved to Table the Item. Tabled - Petty

 

12b.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting communication regarding a draft ordinance relative to the smoking or consumption of marijuana or other drug in public, similar to the City Ordinance concerning drinking in public: recommend Communication be placed on file. (Tabled Under Privilege - Gaffney October 24, 2017 and Tabled Under Privilege - Petty October 31, 2017)

Attachments

Accepted

 

13.

TABLED ITEMS

13a.

COMMUNICATION of the City Manager transmitting informational communication relative to the number of properties in areas surrounding Holy Cross, Clark University, Becker College and WPI that are listed as having true four-bedroom units. (Tabled - Bergman August 19, 2014)

Attachments

No action taken

 

13b.

ORDER of Councilor Gary Rosen and Councilor Philip P. Palmieri - Request City Manager inform City Council as to whether he and other representatives from the city intend to meet with the owners of the Pawtucket Red Sox to see if they have any interest in relocating to Worcester. (Tabled - Gaffney September 29, 2015)

Attachments

No action taken

 

13c.

COMMUNICATION of the City Manager transmitting informational communication relative to the Brittan Square Parking Lot. (Tabled - Palmieri January 7, 2015 and January 13, 2015)

Attachments

No action taken

 

13d.

COMMUNICATION of the City Manager transmitting informational communication on a quarterly update relative to the City of Worcester’s plan to implement improved strategies and policies that better serve and represent our diverse community. (Tabled Under Privilege - Lukes January 26, 2016 and Tabled - Petty February 2, 2016)

Attachments

No action taken

 

13e.

COMMUNICATION of the City Manager transmitting informational communication relative to a list of the non-profit agencies who keep their properties on the tax rolls. (Tabled - Gaffney May 24, 2016)

Attachments

No action taken

 

13f.

COMMUNICATION of the City Manager transmitting informational communication relative to a report listing properties that have been converted from commercial or industrial to residential. (Tabled - Gaffney May 24, 2016)

Attachments

No action taken

 

13g.

COMMUNICATION of the City Manager transmitting communication responding to City Council inquiry requesting City Manager submit an estimated assessor's recap comparing the proposed FY 17 tax levy with the current real estate assessments and the FY 16 assessed values. (Tabled Under Privilege - Lukes June 14, 2016 and June 21, 2016 and Tabled - Lukes July 19, 2016)

Attachments

No action taken

 

13h.

COMMUNICATION of the City Manager transmitting informational communication relative to legislation to regulate and restrict non-profit organizations in residentially zoned districts. (Tabled Under Privilege - Bergman September 20, 2016 and September 27, 2016 and Tabled - Bergman October 4, 2016)

Attachments

No action taken

 

13i.

RESOLUTION of Councilor Konstantina B. Lukes - That the Worcester City Council does hereby support the initiation of negotiations by the WRA with MassPort or other entities regarding the feasibility of transferring Union Station as an intermodal transportation center to MassPort. The transfer concept is based upon the transfer of the Worcester Airport to MassPort and is necessitated by similar transportation and financial concerns that resulted in the conveyance of Worcester Airport to MassPort. (Tabled Under Privilege - Petty February 28, 2017- and Tabled - Lukes March 7, 2017)

Attachments

No action taken

 

13j.

COMMUNICATION of the City Manager transmitting informational communication relative to a City Solicitor's report concerning the wording of the ordinance voted by the Town of Westborough on March 7, 2017, which banned any recreational marijuana stores, farms or other related businesses in that Town and what, if any, would be the impact of the ordinance on medical marijuana businesses, personal consumption and limited home grown plants and further what is the process for the city to implement a such a ban on commercial, non-medical marijuana business. (Tabled - Lukes May 9. 2017)

Attachments

No action taken

 

13k.

HEARING & ORDER to grant permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC. for a joint or identical pole location at: ST. PAUL DRIVE (Tabled - Bergman May 23, 2017)

Attachments

No action taken

 

13l.

ORDER of Councilor Michael T. Gaffney - Request City Council, in Accordance with City Council Rule 52, to discharge from the Standing Committee on Public Safety the item referred to said committee on September 6, 2016 relative to a Communication of the City Manager transmitting communication regarding a draft ordinance relative to the smoking or consumption of marijuana or other drug in public, similar to the City Ordinance concerning drinking in public. (Tabled - Bergman May 23, 2017)

Attachments

No action taken

 

13m.

COMMUNICATION of the City Manager transmitting informational communication relative to the legality of changes in this year’s tax classification from residential to commercial of several assisted living facilities. (Tabled Under Privilege - Bergman June 20, 2017 and Tabled June 27, 2017 - Bergman)

Attachments

No action taken

 

14.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the October 31, 2017 City Council meeting.

14a.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report describing any conversations National Grid had with various businesses surrounding their work on Chandler St. – Item #15a CC Order adopted

 

14b.

ORDER of Councilor Morris A. Bergman – Request City Manager distribute information concerning exemptions available for city snowplow contracts to those who may be interested in applying or reapplying for the positions. – Item #15b CC Order adopted

 

15.

NEW BUSINESS UNDER SUSPENSION OF RULES - Item brought forth under suspension at the November 14, 2017 City Council meeting.

15a.

COMMUNICATION of the City Manager request that the City Council convene to Executive Session prior to the close of the meeting on November 21, 2017 to discuss strategy with respect to litigation in the matter of Fargo Management LLC v. City of Worcester.

Attachments

Mayor Petty was presented the Communication of the City Manager during the Suspension of Rules portion of the agenda. Mayor Petty moved to convene to Executive Session prior to the close of the meeting on November 21, 2017 to discuss strategy with respect to litigation in the matter of Fargo Management LLC v. City of Worcester. Order adopted

 

15b.

Motion Economou – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks trim the street tree in the vicinity of 16 Westbrook Circle.

Attachments

Order adopted