CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 3, 2018

Esther Howland Chamber

Convened: 6:34 P.M.

Adjourned: 8:18 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 & STAR SPANGLED BANNER

2.

ROLL CALL - All present with the Mayor as the Chair, except for Councilor King, who arrived at 6:43 P.M.

3.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

3a.

MOMENT OF SILENCE in memory of retired Deputy Chief of Police Paul Campbell, who passed away Monday, April 2, 2018 at the age of 76.

 

3b.

Mayor Petty presented Jose Panon, Jose Pena, Yeimi Ayala, Emilia Perez, Rianna Mukherjee, Piper Wysocki, Caroline Williams, Jessenia Kolaco, Emmanuel Colon, Denezia Fahie, Kathryn Madaloni, Maggie Del Re, Sean Newsch, Ben Weber, Elena Novak, David Peal and Papee Paye for their civic action during the March for Our Lives.

 

3c.

Mayor Petty presented Jocelyn Coughlin with a Certificate of Special Mayoral Recognition for encouraging and promoting health and wellness in the City of Worcester.

 

3d.

Mayor Joseph M. Petty read a Proclamation declaring Saturday, April 7, 2018 as Earth Day in the City of Worcester. The Proclamation was presented to the Regional Environmental Council’s Executive Director Steve Fischer and Earth Day Coordinator Pat Barnosky.

 

3e.

At the conclusion of the City Council meeting, Councilor Khrystian E. King led a MOMENT OF SILENCE commemorating the 50th anniversary of the assassination of Dr. Martin Luther King, Jr. Councilor King spoke to Dr. King’s legacy, and how his actions significantly contributed to the Civil Rights Movement.

 

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 March 20, 2018.

Attachments

Order adopted

 

5.

PUBLIC PARTICIPATION

5a.

Mayor Petty recognized the following speakers:
1. Janice Distefano, Worcester resident, spoke in favor of #9d CC
2. Sandra Meltzer, Worcester resident, spoke in favor of #9j CC
3. Amy Edison, Rutland resident, spoke in favor of #10a CC
4. Judy O’Keene, no residence given, spoke in favor of #10a CC
5. Laura Lodi, Worcester resident, spoke in favor of #10a CC
6. Elizabeth Machado, Worcester resident, spoke in favor of #10a CC
7. Susan Yi-Millette, Mashpee resident, spoke in favor of #10a CC
8. Kevin McNamara, Worcester resident, spoke in favor of #10a CC
9. Joelle Dumont, Worcester resident, spoke in favor of #10a CC
10. Jim Bourque, Worcester resident, spoke in favor of #10a CC
11. William S. Coleman, III, Worcester resident, spoke in favor of #9i CC and #16a CC
12. Idella Hazard, Worcester resident, spoke in favor of #9i CC
13. Jo Hart, Worcester resident, unclear opinion concerning #9h CC

 

6.

PUBLIC HEARINGS

6a.

Hearing: LIGHTOWER FIBER NETWORKS for conduit location at: 50 FOSTER ST. Granting permission to LIGHTOWER FIBER NETWORKS for conduit location at: 50 FOSTER ST.

Attachments

Hearing Held & Order adopted

 

6b.

Hearing: LIGHTOWER FIBER NETWORKS for a conduit location at: 50 FOSTER ST. (COMMERCIAL ST.) Granting permission to LIGHTOWER FIBER NETWORKS for a conduit location at: 50 FOSTER ST. (COMMERCIAL ST.)

Attachments

Hearing Held & Order adopted

 

6c.

Hearing: LIGHTOWER FIBER NETWORKS for conduit location at: LANCASTER ST. Granting permission to LIGHTOWER FIBER NETWORKS for conduit location at: LANCASTER ST.

Attachments

Hearing Held & Order adopted

 

6d.

Hearing: LIGHTOWER FIBER NETWORKS for a conduit location at: WALDO ST. Granting permission to LIGHTOWER FIBER NETWORKS for a conduit location at: WALDO ST.

Attachments

Hearing Held & Order adopted

 

7.

PETITIONS - a Petitioner may speak up to three (3) minutes the first time their petition appears on an agenda

7a.

Mark Liriano et al request Weldon Ave. be made public.

Attachments

Referred to Planning Board

 

7b.

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 Commericial Corridors Overlay District.

Attachments

Referred to Planning Board

 

7c.

Joyce Bronzo request abatement of sewer betterment assessment #31168 in the amount of $12,000.00 for Millbury St.

Attachments

Referred to Public Works Committee

 

7d.

Richard A. and Joni C. Greene request abatement of sewer betterment assessment #31257 in the amount of $8,550.00 for Knapp Ave.

Attachments

Referred to Public Works Committee

 

7e.

Frank DeCaro et al request to resurface Moreland Green Drive, from Greenside Lane to Ledgewood Lane/Glenbrook Lane.

Attachments

Referred to Public Works Committee

 

7f.

Anthony Capozzo request installation of "Thickly Settled 30 mph" signs in Harrington Way, one of which would be posted before Jeanette St. and one at the top of the hill driving towards Hamilton St.

Attachments

Referred to Traffic and Parking Committee

 

7g.

Luis Cancel on behalf of Candy Rodrigues request installation of a handicap parking space in front of the path located on the side of 7 Dixon Ave.

Attachments

Referred to Traffic and Parking Committee

 

7h.

Tood & Joy Lewis request installation of stops sign at the following intersections with Ararat St.: Marconi Rd., Westinghouse Parkway, Delaval Rd., Ridgewood Rd. and Sunrise Ave.

Attachments

Referred to Traffic and Parking Committee

 

7i.

Councilor Matthew E. Wally request improvement of the street signage and guardrail effectiveness at the road bend in the vicinity of 566-574 Chandler St. for the purpose of increasing public safety.

Attachments

Referred to Traffic and Parking Committee

 

7j.

Councilor Matthew E. Wally request enforcement of parking regulations within the Columbus Park Rotary.

Attachments

Referred to Traffic and Parking Committee

 

8.

CHAIRMAN'S ORDERS

8a.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager and the city’s Veterans Agent consider the feasibility of relocating the veterans’ memorials at the intersection of Green St. and Franklin St. since this area has been selected as a dog park.

Attachments

Order adopted

 

8b.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager provide City Council with a report concerning the condition of the handball courts within the city and what updates/improvements are needed.

Attachments

Order adopted

 

9.

ORDERS

9a.

Request City Manager report concerning the effects of the city pension funds divesting in any and all companies that derives more than 15 percent of its revenues from sales for non-law enforcement or non-military purposes, of the manufacture of ammunition or ammunition retailing, from firearm sales or firearm manufacturing companies, as laid out in the bill filed by Treasurer Deb Goldberg with the Massachusetts state legislature. (Petty, Mero-Carlson, Rose)

Attachments

Order adopted

 

9b.

With the popularity and success of ridesharing apps such as Uber and Lyft, request the City Manager provide City Council with a report concerning the state and value of the city's taxi medallion system. (Rosen)

Attachments

Order adopted

 

9c.

Request City Manager report to City Council as to what the impact will be from the closing of the Plumley Village Health Services and what steps are being taken to accommodate the patients serviced by this facility. (Mero-Carlson, Petty, Rivera)

Attachments

Order adopted

 

9d.

Request City Manager provide City Council with a report as to damage complaints from residents on private streets who believed City Plowing Operations have done major damage to their private streets. Further, request said report should also address what repairs if any are planned to correct these damages. (Russell)

Attachments

Order adopted

 

9e.

Request City Manager request the Building Commissioner develop a process for publishing building, electrical, gas, plumbing, and mechanical permits on the city's website. (Wally, Rose)

Attachments

Order adopted

 

9f.

Request City Manager initiate discussions with Massport to identify land within the airport industrial park for the development of pre-permitted pad-ready sites for commercial use. (Wally)

Attachments

Councilor Wally moved to amend to include the entire city in the City Manager's identification process. Order adopted as amended

 

9g.

Request City Manager consider amending/changing Chapter 9 of the Worcester Revised Ordinances (Historic Building Demolitions) § 13 (i) to read as follows: “The approval of the commission, whether granted directly by vote of the commission or constructively by the passage of the forty-five day or twelve-month periods established herein, shall be valid for eighteen (18) months from the date of such approval. (Bergman)

Attachments

Placed on file

 

9h.

Request City Manager consider implementing a moratorium in the interpretation/application and enforcement of that part of the definition of a LODGING HOUSE under the City of Worcester Zoning Ordinance (As amended through May 2, 2017) where “A dwelling or that part of a dwelling where sleeping accommodations are let, with or without kitchen facilities, to four (4) or more persons not within the second degree of kindred to the person conducting it…” that is being applied to pre-existing multi-family homes with 4 or more existing bedrooms. (Bergman)

Attachments

Councilor Bergman moved to Table the Item Under Privilege. Tabled Under Privilege - Bergman

 

9i.

Request City Manager consider hiring seasonal (summer) recreational staff to engage youth in sports/arts in our parks that don't employ RECWorcester. (Rose)

Attachments

Order adopted

 

9j.

Request City Manager reestablish the sidewalk on the narrower side of Salisbury St. in the vicinity of 349-351 Salisbury St. as an important safety measure for residents. (Rose)

Attachments

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

 

9k.

DECREE TO MAKE PUBLIC: NORTON ST.

Attachments

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

 

10.

RESOLUTION

10a.

That the City Council goes on record in support of the letter from Worcester's State Legislative Delegation requesting the President of Boston University to reconsider his decision to discontinue the Worcester based Masters in Social Work Program currently run by Wheelock College. The closing of this program will have a negative impact to Worcester and neighboring communities at a time when the opioid crisis is unrelenting and our mental health, veterans, and immigrants and refugees services are overwhelmed with demand. (Rivera, King, Petty, Russell)

Attachments

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

 

11.

COMMUNICATION

11a.

Dr. Helen Friel, Assistant to the Superintendent/Clerk of the School Committee, transmitting communication relative to the following request be referred to City Council: Request the Roman Catholic Diocese of Worcester take whatever actions necessary to safeguard the baseball field of the the Joe DiMaggio Little League and its surrounding property.

Attachments

Placed on file

 

12.

REPORTS OF THE COMMITTEE ON ECONOMIC DEVELOPMENT

12a.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Donald O'Neil, Esq. on behalf of Plaka Realty, LLC request to amend the Zoning Map by extending the BL-1.0 zone in the vicinity of 57 Highland St. to include two additional parcels of land in their entirety located 35 and 33 Wachusett St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Councilor Mero-Carlson moved to Table the Item. Tabled - Mero-Carlson

 

12b.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Bruce LaBoffa request zone change for the property at 452 Southwest Cutoff from Residential to ML-0.5.: recommend passage of the accompanying proposed Ordinance.

Attachments

Councilor Mero-Carlson moved to Table the Item. Tabled - Mero-Carlson

 

12c.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Jonathan Finkelstein on behalf of Ed Hyder request to change the zoning designation of a portion of 408 Pleasant St. and all of 4 Winslow St. from RG-5 to BG-3 and also to be included in the CCOD.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

12d.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Donald O'Neil, Esq. on behalf of Tran Diep request the zoning map be amended by extending the BL-1.0 zone line bisecting the property situated at 49 Mountain St. East easterly into the abutting RL-7 zone along the boundary lines of said lot as shown on the attached sketch to eliminate the lots split zoning status: recommend Petitioner be given leave to withdraw.

Attachments

Accepted

 

12e.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Donald J. O'Neill Attorney for Guri Dura and Marjeta Skenderi request to amend Article IV, Section 8 of the Zoning Ordinance to allow accessory apartments as an accessory use by a Special Permit in all residential districts to create more housing options for residents with minimal adverse effects on Worcester's neighborhoods by adopting the enclosed provisions: recommend Petitioner be given leave to withdraw.

Attachments

Accepted

 

13.

REPORTS OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES

13a.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the development of a Human Rights observances calendar for the city website: recommend Communication be placed on file.

Attachments

Accepted

 

13b.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the next steps to improve the Senior Center that includes the different ways it can be developed such as creating senior housing. Further, request the City Manager report to Council as to how the services at the Senior Center can be expanded: recommend Communication be placed on file.

Attachments

Accepted

 

13c.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the 2018 Greater Worcester Community Health Assessment (CHA) Process and Survey Participation: recommend Communication be placed on file.

Attachments

Accepted

 

14.

REPORTS OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION

14a.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Petition of Councilor Tony Economou request Tacoma St. Playground be renamed Tacoma Park: recommend Petition be referred to the Parks, Recreation and Cemetery Commission.

Attachments

Accepted

 

14b.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to the master plan and public hearings for Hadwen Park, Great Brook Valley Playground and Tacoma Street Playground: recommend Communication be placed on file.

Attachments

Accepted

 

14c.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Order of Councilor Gary Rosen - Request the Standing Committee on Youth, Parks and Recreation review Parks Department policies regarding access to city parks during the winter with special attention to the plowing, sanding and salting of entrances, exits and parking areas: recommend Order be placed on file.

Attachments

Accepted

 

14d.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Order of Councilor Gary Rosen - Request the Standing Committee on Youth, Parks and Recreation discuss the cost and steps that must be taken to remove the overgrowth of weeds that minimizes the size of the swimming area at Coes Pond's John Binienda Beach: recommend Order be placed on file.

Attachments

Accepted

 

14e.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Order of Councilor Gary Rosen - Request the City Council's Standing Committee on Youth, Parks and Recreation review the present Parks Department rules and policy, if any, dealing with the use of motorized boats on Coes Reservoir and determine whether such vehicles should be banned from that water body: recommend Order be placed on file.

Attachments

Accepted

 

14f.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Petition of Councilor Sarai Rivera on behalf of Green Island residents request a bench be placed at the playground in Crompton Park: recommend Petition be placed on file.

Attachments

Accepted

 

15.

LOAN ORDER TO BE ADOPTED

15a.

Revised funding request for the Massachusetts School Building Authority’s (MSBA) 2017 Accelerated Repair Program.

Attachments

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

 

16.

TO BE ORDAINED

16a.

Concerning the compensation of the Cultural Development Officer.

Attachments

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

 

16b.

Amending Chapter Eleven Of The Revised Ordinances Relative To Licensing Retail Marijuana Establishments

Attachments

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

 

16c.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 45 Cohasset Street

Attachments

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

 

16d.

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking In Front Of 19 Judson Road

Attachments

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

 

16e.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 16 Montrose Street

Attachments

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

 

16f.

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking In Front Of 165 Austin Street

Attachments

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

 

16g.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 31 Louise Street

Attachments

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

 

16h.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 7 King Philip Road

Attachments

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

 

16i.

Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking In Front Of 31 Stanton Street.

Attachments

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

 

16j.

Amending Section 29 Of Chapter 13 Of The Revised Ordinances Of 2008 Providing For Stop Sign On Honeysuckle Road At Sophia Drive

Attachments

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

 

17.

TABLED ITEM

17a.

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 and Tabled - Rosen December 19, 2017)

Attachments

No action taken

 

18.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the March 27, 2018 City Council meeting.

18a.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a follow-up of the “Plant Engineer, Union Station” position three months after the position is filled, outlining its successes. – Item #13a CC Order adopted

 

18b.

ORDER of Councilor Kathleen M. Toomey – Request City Manager consider identifying groups that would be willing and able to provide spring cleaning assistance to elder residents in the City. – Item #13b CC Order adopted

 

18c.

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with a report concerning what the increase in cost would be should the City expand the amount of hours available for residents to drop off yard-waste at its locations. – Item #13c CC Order adopted

 

18d.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report detailing what the eligible costs are that can be applied to the contribution to the construction or rehabilitation of school construction projects in the City including South and Doherty High School. – Item #13d CC Order adopted

 

18e.

ORDER of Councilor Konstantina B. Lukes – Request City Manager consider pursing a remedy through the State Delegation as a means to recognize the costs associated with constructing a new South High and Doherty High. – Item #13e CC Order adopted

 

18f.

ORDER of Councilor Matthew E. Wally – Request City Manager provide City Council with a report showing the full thirty-year amortizations of South High School. – Item #13f CC Order adopted

 

18g.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning how overtime payments are monitored, as well as any benefits generated from the overtime. – Item #13g CC Order adopted

 

18h.

ORDER of Councilor George J. Russell – Request City Manager request Police Chief provide City Council with a report concerning how the Worcester Police Department plans to deal with the large groups of bicyclists who ride in the street, tying up traffic. – Item #13h CC Order adopted

 

18i.

ORDER of Councilor George J. Russell – Request City Manager consider temporary repairs in Grafton St. prior to the street being permanently redone. – Item #13i CC Order adopted

 

19.

NEW BUSINESS UNDER SUSPENSION OF RULES - Item brought forth under suspension at the April 3, 2018 City Council meeting.

19a.

Motion Lukes @ #10a CC – Request City Manager provide City Council with a report concerning why Boston University has discontinued the Worcester based Masters in Social Work Program currently run by Wheelock College.

Attachments

Order adopted

 

19b.

Motion Rosen @ #10a CC – Request Mayor with City Clerk compose and send a letter to the President of Boston University to reconsider his decision to discontinue the Worcester based Masters in Social Work Program currently run by Wheelock College from the City Council.

Attachments

Order adopted

 

19c.

Motion Lukes @ #9e CC – Request City Manager consider posting inspections of food service entities on the City’s website.

Attachments

Order adopted

 

19d.

Motion Bergman @ #11a CC – Request City Manager provide City Council with a report concerning the status of the Joe DiMaggio Little League Field and what discussions, if any, have taken place to allow patrons to play baseball at the field.

Attachments

Order adopted

 

19e.

RESOLUTION – Suspension of Rules – That the Worcester City Council does hereby commemorate the 50th anniversary of the assassination of Dr. Martin Luther King, Jr., and encourage the citizens of the City and the Commonwealth to observe this solemn occasion, to recall the legacy of Dr. King, and to heed his call for unity, love, and compassion. (King)

Attachments

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