CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 20, 2018

Esther Howland Chamber

Convened: 6:31 P.M.

Adjourned: 8:40 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 Bergman.

3.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

3a.

Mayor Petty recognized Troop 70 from Our Lady of Lourdes Church. The troop was in attendance earning one of their badges.

 

3b.

Mayor Petty read a Proclamation declaring November 28, 2018 as Albanian Independence Day in the City of Worcester. The Proclamation was presented to members of St. Mary’s Assumption Albanian Orthodox Church.

 

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 30, 2018.

Attachments

Order adopted

 

5.

PUBLIC PARTICIPATION

5a.

Mayor Petty recognized the following speakers: 1. Idella Hazard, Worcester resident, spoke in favor of #9b CC 2. Daniel Dimassa, Worcester resident, spoke in favor of #9h CC 3. Jo Hart, Worcester resident, spoke in opposition of #8a CC

 

6.

HEARING - DOWNTOWN WORCESTER BUSINESS IMPROVEMENT DISTRICT

6a.

COMMUNICATION of the City Clerk transmitting Certifications of the City Clerk and City Assessor regarding the Downtown Worcester Business Improvement District petition.

Attachments

Mayor Petty made the following motion: ORDER That the Worcester City Council does hereby determines that the Petition Pursuant To Massachusetts General Laws Chapter 40 O To Establish the Downtown Worcester Business Improvement District, dated October 11, 2018, satisfies the purposes set forth, and the establishment criteria of, Massachusetts General Laws Chapter 40 O. Order adopted on a roll call vote of 10 Yeas and 0 Nays (Bergman absent)

 

6b.

Hearing - Establishment of the Downtown Worcester Business Improvement District

Attachments

Mayor Petty read for the record the Basis for determining the District fee pursuant to Mass. General Laws Chapter 40 O as stated in the Downtown Worcester Business Improvement District’s Improvement Plan, Section VII Fee Structure. Mayor Petty read the following for the record the process by which eligible property owners may vote not to renew the Downtown Worcester BID: “On or before the fifth anniversary of the organization of a new BID, and the fifth anniversary thereafter on the date of the most recent renewal of the BID, the board of directors of the BID or of its designated management entity shall call a renewal meeting of the BID property owners to review the history of the preceding 5 years, propose an updated improvement plan and to consider whether to continue the BID. The renewal meeting shall be held in the district. Notice of the meeting shall be given to all participating members in a manner provided in the by-laws, at least 30 days before the meeting. The BID shall continue after each renewal meeting if a majority of property owners who are not more than 30 days in arrears in any payment due the BID and are present at the renewal meeting, in person or by proxy, vote to renew the BID for a term of 5 years commencing on the first day of the next fiscal year”. Mayor Petty Opened the Hearing for Public Comment. Mayor Petty recognized the following speakers in regards to the hearing to establish the Downtown Worcester Business Improvement District: 1. Troy Siebels, no residence given, spoke in favor of #6b CC 2. Julian Wade, Worcester resident, spoke in favor of #6b CC 3. Dean Marcus, Worcester resident, spoke in opposition to #6b CC 4. Jim Hayes, Worcester resident, spoke in favor of #6b CC 5. Paul Morano, Worcester resident, spoke in favor of #6b CC 6. Joyce Augustus, no residence given, spoke in favor of #6b CC Mayor Petty Closed the Hearing and the Mayor and City Councilors were given an opportunity to ask questions and make remarks. Mayor Petty made the following motion: ORDER: That the Worcester City Council does hereby approve the Petition Pursuant To Massachusetts General Law Chapter 40 O To Establish the Downtown Worcester Business Improvement District, dated October 11, 2018, within the District boundaries described in the Petition, and declare the Downtown Worcester Business Improvement District to be organized. Order adopted on a roll call vote of 10 Yeas and 0 Nays (Bergman absent) Councilor Lukes moved for reconsideration. Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Bergman absent) * All motions made by the City Council during this hearing not directly associated with passage of the Worcester Downtown BID can be found underneath the "New Business Under Suspension," portion of the agenda.

 

7.

PETITIONS

7a.

Kristin Sundberg et al request Martha Ave. be made public.

Attachments

Referred to Planning Board

 

7b.

Brian Laforte, V.P., Real Estate & Facilities Management of Polar Beverages request removal of Woolfenden St., a private street, from the Official Map.

Attachments

Referred to Planning Board

 

7c.

Robert Longden, Esq. on behalf of New Garden Park, Inc. request changing the zoning designation of Lot 1, Lot 2 and Lot 4, which is part of 305 Belmont St. from BG-2.0 & ML-0.5 to BG-3.0.

Attachments

Referred to Planning Board

 

7d.

Tuan Ngo request to change the zone for 96-102 May St. from RL-7 to BG 2.0.

Attachments

Referred to Planning Board

 

7e.

Carl Besse request sidewalk repair or replacement in front of 24 William St.

Attachments

Referred to Public Works Committee

 

7f.

Vincent Ricard request abatement of sewer assessment #31232 in the amount of $2,250.00 for Porto Rico Rd. assessed in the name of Nelllie Swickas.

Attachments

Referred to Public Works Committee

 

7g.

Councilor Gary Rosen on behalf of Lawrence Jablonski request sidewalk resurfacing at 15 Fiske St.

Attachments

Referred to Public Works Committee

 

7h.

Gerald Scher request to remove a handicap parking space at 77 Chatham St.

Attachments

Referred to Traffic and Parking Committee

 

7i.

Rebecca Vailfont request installation of an additional handicap parking space in front of 21 May St.

Attachments

Referred to Traffic and Parking Committee

 

7j.

Craig and Monalisa Burns requests installation of Resident Permit Parking on Catharine St., from Channing St. to Hooper St.

Attachments

Referred to Traffic and Parking Committee

 

7k.

Vicki Truelson request a bus stop be installed on Haven Lane at Booth Apartments and opposite the National Guard Building on Lincoln St.

Attachments

Referred to Traffic and Parking Committee

 

7l.

Rita Salman request installation of handicap parking in the vicinity of 5 Townsend St.

Attachments

Referred to Traffic and Parking Committee

 

7m.

Councilor Mero-Carlson on behalf of Eric Wolpert request installation of a flashing pedestrian signal at the crosswalk in Burncoat St. at Wawecus Rd. adjacent to Wawecus Road School.

Attachments

Referred to Traffic and Parking Committee

 

8.

CHAIRMAN'S ORDERS

8a.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request the Police Chief to report on the cost for funding the Shot Spotter Program.

Attachments

Order adopted

 

8b.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager post on the city’s website home page the Crime Statistics Report.

Attachments

Order adopted

 

8c.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager report how the Edward Byrne Memorial JAG FY18 Local Solicitation Program grant was expended.

Attachments

Order adopted

 

8d.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request the Fire Chief consider expanding the Sound the Alarm Program, if supply of smoke detectors is adequate, by posting information at the Housing Court and Schools.

Attachments

Order adopted

 

8e.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager report the number of vehicle accidents that occurred due to black ice conditions and report whether or not these icy weather conditions were predicted.

Attachments

Order adopted

 

8f.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request the Mayor invite the seven firefighters who were recently recognized by the State for heroism, to the December 4, 2018 City Council meeting to be recognized and honored.

Attachments

Order adopted

 

9.

ORDERS

9a.

Request City Manager provide City Council with an update concerning the urban agricultural proposed ordinance. (Rivera)

Attachments

Placed on file

 

9b.

Request City Manager report on whether the city is required to award public project construction contracts to the lowest bidder even if his past performance in Worcester or beyond has proven that he is not a qualified or responsible bidder. This report should detail what efforts are made by the city to determine whether a contractor is a qualified/responsible bidder and has the ability, experience and record of past performance to complete the job on time and on budget. (Rosen)

Attachments

Order adopted

 

9c.

In light of wide-spread concerns from residential and commercial business owners, and from subscribers to the Life Alert and similar systems, request the City Manager and the City Council's Standing Committee on Public Service and Transportation investigate the long-standing issues and lapses in land-line phone service offered by Charter Communications/Spectrum since Charter often appears to be unable to rectify the problems that result in, among others, dead phone lines, one-way audio reception, dropped calls mid-conversation, unrecorded voice mail messages, and threats to the operation of telephone-dependent medical alert systems. (Rosen, Wally)

Attachments

Mayor Petty moved to amend: Further, request City Manager request Charter Communications provide City Council with similar information. Order adopted as amended

 

9d.

Request City Manager report to City Council the status of two previous requests filed on March 6, 2018 and May 1, 2018 regarding the “Wage Theft Ordinance”. (Mero-Carlson)

Attachments

Councilor Mero-Carlson moved to Table this Item Under Privilege. Tabled Under Privilege - Mero-Carlson

 

9e.

In order to further promote our City’s rich history and recognizing the link between a significant portion of that history and Veteran and Military events/affairs, request the Mayor and City Council amend City Council Rule 47 - (Appendix B) (M) (Committee on Veterans’ & Military Affairs) by renaming it to Veterans, Military and Historical Affairs and its jurisdiction expanded accordingly. (Bergman)

Attachments

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

 

9f.

Request City Manager request the Commissioner of Public Works & Parks provide a report to City Council as soon as possible regarding the readiness in manpower, materials and equipment for winter weather events in 2018 / 2019. (Bergman)

Attachments

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

 

9g.

Request Police Chief provide speed enforcement on Aylesbury Rd. between the 7am and 8:30 am due to increase vehicle traffic going to and from Flagg St. School. (Wally)

Attachments

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

 

9h.

Request City Manager have the Commissioner of Public Works & Parks recommend solutions to alleviate the pooling of water runoff on Flagg St. resulting is vehicle accidents and dangerous icing conditions. (Wally)

Attachments

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

 

9i.

Request City Manager request the Police Chief to provide a report comparing motor vehicle citations (speeding, stop sign, and traffic light violations) issued in the first year of the re-established Traffic Division to the prior year. (Wally)

Attachments

Order adopted

 

9j.

Request City Manager have a surveillance camera installed at 2 Blossom St. and abutting Russell St. to address and curb illegal dumping. (Rivera)

Attachments

Order adopted

 

9k.

Request Police Chief provide traffic enforcement for the crosswalk across 1050-1060 Main St. (Rivera)

Attachments

Order adopted

 

9l.

Request City Council support Attorney General Maura Healy's opposition to the FCC petition filed by Charter Communications for a Determination of Effective Competition in Massachusetts Communities, Docket No. 18-283. (copy attached) (Lukes)

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Bergman absent)

 

9m.

Request City Manager report on the advantages and disadvantages of establishing a city-wide 25 mph speed limit. (Lukes)

Attachments

Order adopted

 

9n.

Request City Manager report on the status of a recommendation regarding a prohibition of the distribution of single use plastic bags and further to report on the recently enacted prohibition of the bags in Boston. (Lukes)

Attachments

Councilor Rivera moved to add her name as an author. Mayor Petty moved to add the entire City Council as authors. Order adopted

 

10.

RECESS TO FINANCE COMMITTEE - No items pending

11.

COMMUNICATIONS

11a.

Andrew Nilson of Childs Engineering Corp transmitting an update to the Environmental Notification Form for Waterfront Rehabilitation at Regatta Point Park.

Attachments

Referred to Youth, Parks and Recreation Committee

 

11b.

City Manager Edward M. Augustus, Jr. transmitting communication recommending adoption of the attached Order to grant exemptions to ten (10) snow plow contractors that are also City employees.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Bergman absent)

 

12.

REPORTS OF THE COMMITTEE ON PUBLIC SAFETY

12a.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to crime statistics for the calendar year 2017: recommend Communication be placed on file.

Attachments

Accepted

 

12b.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the recruitment fair for the Worcester Fire Department: recommend Communication be placed on file.

Attachments

Accepted

 

12c.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the offering the an American Heart Association CPR Certification class to the public: recommend Communication be placed on file.

Attachments

Accepted

 

12d.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the Sound the Alarm Program, a collaborative effort of the Worcester Fire Department, American Red Cross and volunteers to make sure working smoke detectors are installed throughout Worcester: recommend Communication be placed on file.

Attachments

Accepted

 

12e.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the status of the existing public safety fleet, including age, condition, life expectancy and plans for budgeting for replacement/repair: recommend Communication be placed on file.

Attachments

Accepted

 

12f.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to AlertWorcester and Smart 911 outreach efforts: recommend Communication be placed on file.

Attachments

Accepted

 

13.

TABLED UNDER PRIVILEGE

13a.

COMMUNICATION of the City Manager transmitting informational communication relative to semi-annual TIF reporting. (Tabled Under Privilege - Mero-Carlson November 13, 2018)

Attachments

Referred to Economic Development Committee

 

14.

TABLED ITEMS

14a.

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. (Tabled - Mero-Carlson April 3, 2018)

Attachments

Councilor Mero-Carlson moved to take the Item off the Table. Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (Bergman absent). Vote to advertise proposed Ordinance denied on a roll call vote of 0 Yeas and 10 Nays (Bergman absent).

 

14b.

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

 

14c.

ORDER of Councilor Konstantina B. Lukes - Request City Manager report on what further construction will be performed and the date of completion for June Street. (Tabled Under Privilege - Lukes September 25, 2018 and Tabled - Lukes October 2, 2018)

Attachments

Councilor Lukes moved to take the Item off the Table. Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (Bergman absent.) Placed on file

 

15.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the November 13, 2018 City Council meeting.

15a.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning the positives and negatives of police officers bringing home their police vehicles. – Item #19a CC Order adopted

 

15b.

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with a graph detailing which vehicles in the Worcester Police Department fleet are good, fair and poor. – Item #19b CC Order adopted

 

15c.

ORDER of Councilor George J. Russell – Request City Manager consider allowing police officers who live in the City’s urban neighborhoods to bring home police vehicles if studies show that it may help neighborhood safety. – Item #19c CC Order adopted

 

15d.

ORDER of Councilor Konstantina B. Lukes – Request City Manager forward to City Council the report given by utility companies to the Department of Public Utilities regarding the condition of their infrastructures. Further, if the City does not receive said report, have the report forwarded to the City by DPU on an annual basis. – Item #19d CC Order adopted

 

15e.

ORDER of Councilor Sean M. Rose – Request City Manager provide City Council with a report concerning the city’s responsibilities to the baseball fields in District 1. – Item #19e CC Order adopted

 

15f.

ORDER of Councilor Kathleen M. Toomey – Request City Manager consider including more sports for girls when looking at Recreation Worcester programs next year. – Item #19f CC Order adopted

 

16.

NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the November 20, 2018 City Council meeting.

16a.

Motion Lukes @ #6b CC - Request City Manager provide City Council with a report concerning when any properties in the BID district do not pay their entire fee or if fees are waived.

Attachments

Order adopted

 

16b.

Motion Russell @ #6b CC - Request City Manager provide City Council with a report concerning whether the Worcester Downtown BID would have the power to foreclose or place a lien on a property that does not pay their entire fee.

Attachments

Order adopted

 

16c.

Motion Petty @ #6b CC - Request City Manager provide City Council with a report concerning where other Business Improvement Districts have been established.

Attachments

Order adopted

 

16d.

Motion King @ #6b CC - Request City Manager provide City Council with periodic reports concerning the status of the Worcester Downtown BID.

Attachments

Order adopted

 

16e.

Motion Toomey @ #9k – Request City Manager provide City Council with a report concerning what additional tools are available to communities to ensure crosswalk safety.

Attachments

Order adopted

 

16f.

Motion Mero-Carlson @ #13a CC – Request City Manager provide City Council with a more detailed report concerning the status of TIF agreements with various recipients that includes information concerning their compliance with the agreement.

Attachments

Order adopted