CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 18, 2018

Esther Howland Chamber

Convened: 6:32 P.M.

Adjourned: 8:59 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.

INVOCATION - Reverend Roosevelt Hughes, John Street Baptist Church

2.

PLEDGE OF ALLEGIANCE & STAR SPANGLED BANNER

3.

ROLL CALL - All present with the Mayor as the Chair.

4.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

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 December 4, 2018.

Attachments

Order adopted

 

6.

PUBLIC PARTICIPATION

6a.

Mayor Petty recognized the following speakers:
1. Michael Papagni, Worcester resident, spoke under suspension of rules concerning the support shown for those affected by the loss of Christopher Roy, a Worcester Firefighter who passed away December 9, 2018.
2. Idella Hazard, Worcester resident, spoke in favor of #11c CC
3. Eric Garcia, Princeton resident, spoke in favor of #11c CC
4. Lauren Bishop, Worcester resident, spoke in favor of #11c CC
5. Paul Therien, Worcester resident, spoke in favor of #11c CC
6. Jacqueline Barbieri, Worcester resident, spoke in favor of #11c CC
7. Jo Hart, Worcester resident, spoke neither in favor or opposed to #11c CC

 

7.

HEARING

7a.

Hearing: For Amendment #1 of the Downtown Urban Revitalization Plan

Mayor Petty moved to open the hearing at 7:29 P.M. Councilor Wally moved to be recused from the Item and left the room. The Mayor allowed for opening remarks from Chief Development Officer Michael Traynor, as well as a PowerPoint presentation from Jeffrey Vassar from the BSC Group in regards to Amendment #1 of the Downtown Urban Revitalization Plan. Mayor Petty recognized the following speaker in regards to the Item: 1. Jo Hart, Worcester resident, spoke neither in favor of opposed to #7a CC Mayor Petty closed the public speaking portion of the hearing and opened up the discussion to the members of City Council. Councilor Lukes moved to, “Request City Manager provide City Council with a report outlining the process for taking parcels by eminent domain and any costs associated with such a process.” (see Item #20a CC) Mayor Petty moved to, “Request City Manager notify the twenty-five (25) properties and their owners that are not going to be taken as part of the Downtown Urban Revitalization Plan Amendment #1.” (see Item #20b CC) Mayor Petty closed the hearing at 8:23 P.M. Mayor Petty moved for a roll call vote to approve Amendment #1 of the Downtown Urban Renewal Plan. Amendment #1 of the Downtown Urban Renewal Plan approved on a roll call vote of 10 Yeas and 0 Nays (Wally absent). Councilor Bergman moved for reconsideration on the Item. Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Wally absent).

 

7b.

COMMUNICATION of City Manager Edward M. Augustus, Jr. transmitting a recommendation for City Council's review, deliberation and adoption of the attached order relative to the draft Downtown Urban Revitalization Plan Amendment No. 1.

Attachments

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

 

8.

PETITIONS

8a.

Councilor Matthew E.Wally request installation of additional street lighting in Bailey St., between Assabet Lane and Foxmeadow Dr.

Attachments

Referred to Public Service and Transportation Committee

 

8b.

Donald Mancini, Manager of 969 Main Realty LLC request street lights be installed on poles 17, 19, 21, 23 and 24 on Brooks St.

Attachments

Referred to Public Service and Transportation Committee

 

8c.

Evan Corrigan request alterations be made to the intersection of St. Nicholas Ave. and Clark St. to address low visibility.

Attachments

Petitioner spoke and Referred to City Manager

 

8d.

Theresa Giard, Assistant Director of Operations, WPI Residential Services request sidewalk resurfacing at Hackfeld Rd.

Attachments

Referred to Public Works Committee

 

8e.

Theresa Giard, Assistant Director of Operations, WPI Residential Services request sidewalk resurfacing at Einhorn Rd.

Attachments

Referred to Public Works Committee

 

8f.

Theresa Giard, Assistant Director of Operations, WPI Residential Services request sidewalk resurfacing at Trowbridge Rd.

Attachments

Referred to Public Works Committee

 

8g.

Theresa Giard, Assistant Director of Operations, WPI Residential Services request sidewalk resurfacing at Schussler Rd.

Attachments

Referred to Public Works Committee

 

8h.

Theresa Giard, Assistant Director of Operations, WPI Residential Services request sidewalk resurfacing at West St.

Attachments

Referred to Public Works Committee

 

8i.

Theresa Giard, Assistant Director of Operations, WPI Residential Services request sidewalk resurfacing at Elbridge St.

Attachments

Referred to Public Works Committee

 

8j.

Candria Gray and Doris Ortiz request street resurfacing at Chino Ave.

Attachments

Referred to Public Works Committee

 

8k.

Candria Gray and Doris Ortiz request street resurfacing at Constitution Ave from Chino Ave to Tacoma St.

Attachments

Referred to Public Works Committee

 

8l.

Roberta Adams request the handicap parking in front of 197 Eastern Ave. be removed.

Attachments

Referred to Traffic and Parking Committee

 

8m.

Roberta Adams request to alleviate the traffic backup at the traffic light for left turns from Catharine St. onto Lincoln St., school buses turn onto Harlow St. to Crescent St. instead of Lincoln St. to Crescent St.

Attachments

Referred to Traffic and Parking Committee

 

8n.

Roberta Adams request to make Winter St. one way from Green St. to Harding St. or eliminate the parking on one side.

Attachments

Referred to Traffic and Parking Committee

 

8o.

Florian Hoxha request a solution to the speeding problem at Forest St. and Grove St.

Attachments

Referred to Traffic and Parking Committee

 

8p.

Councilor Matthew E. Wally request installation of traffic advisory signage in Bailey St., in the approach to the crosswalk, warning motorists of the crosswalk including "Thickly Settled" signage and "Yield to Pedestrian" signage.

Attachments

Referred to Traffic and Parking Committee

 

8q.

Anthony Belcher request speed enforcement on Willow St.

Attachments

Referred to Traffic and Parking Committee

 

9.

CHAIRMAN'S ORDERS

9a.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager provide to City Council a list of eligible small vacant city properties that could be sold to non-profits to be used for gardens/farms.

Attachments

Order adopted

 

9b.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request Parks Commission consider holding a public hearing for the purposes of constructing a skateboard park at Crompton Park and reporting to City Council a final recommendation.

Attachments

Order adopted

 

10.

ORDERS

10a.

Request City Manager report to City Council regarding the progress being made on establishing a Worcester Fire Fighters' Museum and Education Center at Union Station by December 3, 2019, the 20th anniversary of the 1999 Worcester Cold Storage and Warehouse Co. fire. (Rosen)

Attachments

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

 

10b.

Request City Manager provide City Council with a report concerning any and all actions being taken by the city in regards to the Hepatitis A outbreak. (Rivera)

Attachments

Order adopted

 

10c.

Request City Manager request Police Chief provide speeding enforcement in the vicinity of Bailey St. (Wally)

Attachments

Order adopted

 

10d.

Request City Manager provide a legal opinion as to the city's ability to obtain a percentage of real estate sales proceeds resulting from real estate owned and sold by tax exempt/non-profit owners of real estate. (Lukes)

Attachments

Order adopted

 

10e.

Request City Manager consider to start looking for alternatives to the PAMET system for WFD/WPD as this system is over twenty years old and at some point could no longer be compatible with the needs of WFD/WPD. (Rose)

Attachments

Councilor Rose moved to amend to include Emergency Communications in the list of departments who use PAMET. Order adopted as amended

 

10f.

Request City Manager request the Commissioner of Public Works and Parks perform a groundwater test in the area of Grove Heights, Grove St. and Parkton Ave. to determine who is responsible for the flooding in the area. (Rose)

Attachments

Mayor Petty moved to be recused from the Item and left the room. Order adopted

 

11.

RESOLUTIONS

11a.

FROM THE WORCESTER PLANNING BOARD - That the Worcester Planning Board finds the amendment to the Downtown Urban Revitalization Plan approved by the Worcester Redevelopment Authority on December 4, 2018 is based on a local survey and conforms to a comprehensive plan for the City of Worcester as a whole in accordance with M.G.L. c. 121B, SS 48.

Attachments

Councilor Wally moved to recuse himself from the Item and left the room. Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Wally absent) Councilor Bergman moved for reconsideration on the Item. Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Wally absent)

 

11b.

That the City Council of the City of Worcester urges the State Legislature to approve and fully fund a new foundation budget formula for Public Schools by May 1, 2019. (Mero-Carlson, Petty, Wally, Russell, Lukes, King, Rose, Rosen, Rivera, Bergman, Toomey)

Attachments

Councilor Bergman moved to, “Request City Manager provide an update concerning whether or not the City is considering filing litigation concerning changes to the foundation budget formula for public schools.” – Not Put Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 

11c.

That the Worcester City Council urge the U.S. Health Resources and Services Administration (HRSA) and all concerned parties to proceed with caution and care to ensure the continuity and quality of vital services and to maintain the day-to-day operation of HOAP program at Community Healthlink; and Be it Further Resolved: That the City Clerk transmit a copy of this resolution to the appropriate parties at Community Health Link and the Homeless Outreach and Advocacy Project, the U.S. Health Resources and Services Administration (HRSA), the University of Massachusetts Memorial Health Care, U.S. Senator Edward Markey, U.S. Senator Elizabeth Warren, U.S. Congressman James McGovern, Governor Charlie Baker, Lieutenant Governor Karyn Polito, State Senator Harriette Chandler, State Senator Michael Moore, State Representative John Mahoney, State Representative James O’Day, State Representative Mary Keefe, State Representative Daniel Donahue, State Representative Kate Campanale and Governor’s Council Jennie Caissie. (King, Russell, Rivera)

Attachments

Mayor Petty moved to add the entire City Council as authors. Councilor King moved to amend to include State Representative-Elect David LeBoeuf as a person receiving a copy of the Resolution. Resolution adopted as amended on a roll call vote of 11 Yeas and 0 Nays

 

12.

RECESS TO FINANCE COMMITTEE - No Items pending

13.

COMMUNICATIONS

13a.

David Hewett, Principal of Epsilon Associates, Inc. transmitting Supplemental Information Filing regarding the Notice of Project Change & Phase I Waiver Request for the Worcester Downtown Urban Revitalization Plan, EEA #15637.

Attachments

Councilor Wally moved to recuse himself from the Item and left the room. Placed on file

 

13b.

Mayor Joseph M. Petty submitting for approval by the City Council the attached Annual Calendar of City Council meeting for calendar year 2019.

Attachments

Approved

 

13c.

City Manager Edward M. Augustus, Jr. transmitting recommendation for adoption of the attached amendment to the Revised Ordinances by adding a new Section to Chapter 12 - Streets and Sidewalks, relative to the permitting of small cell wireless facilities in the public right-of-way.

Attachments

Voted to advertise proposed ordinance

 

14.

REPORTS OF THE COMMITTEE ON ECONOMIC DEVELOPMENT

14a.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Mark L. Donahue, Esq,. request to amend the City of Worcester zoning map pertaining to 37 Fruit St., so as to alter that portion located in the RL-7 zone to BO - 1.0 thereby causing the entire lot to be contained in the BO-1.0 zone: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 10 Yeas and 1 Nay (Yeas - Bergman, King, Mero-Carlson, Rivera, Rose, Rosen, Russell, Toomey, Wally, Petty) (Nay - Lukes)

 

14b.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Communication of the City Manager recommend adoption of a Zoning Ordinance Amendment to add provisions relating to urban agriculture: recommend passage of the accompanying proposed Ordinance as amended to exclude all aspects regarding honey bees and allow for necessary clerical corrections.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 10 Yeas and 1 Nay (Yeas - Bergman, King, Mero-Carlson, Rivera, Rose, Rosen, Russell, Toomey, Wally, Petty) (Nay - Lukes)

 

15.

REPORTS OF THE COMMITTEE ON TRAFFIC AND PARKING

15a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Andrew Noonan request the removal of three handicap parking spaces at 14 Ayrshire Rd.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

15b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Elvin Cartagena request installation of a handicap parking space in front of or in vicinity of 81 Bellevue St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

15c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Norma Delgado request installation of an additional handicap parking space across from 36 Gates St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

15d.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of John Golding request installation of handicap parking space in front of 5 Winchester Ave.: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance

 

15e.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera on behalf of Ronald Holbrook request installation of a handicap parking space in the vicinity of 229 Millbury St.: recommend passage of the accompanying proposed Ordinance to install a handicap parking space on the Seymour St. side of 229 Millbury St.

Attachments

Voted to advertise proposed ordinance

 

15f.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Donald Duval request installation of a handicap parking space in front of 30 Northampton St.: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance

 

15g.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Michael Hoose on behalf of Geraldine Hoose request installation of a handicap parking space in the vicinity of 10 Vale St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

15h.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Thomas Xhupi request installation of 30 Minute Parking on the Merrick St. side of 325 Pleasant St.: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance

 

15i.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Matthew E. Wally request to install "No Parking" on Mower St. north side from Westmoreland St. to the western property line of West Tatnuck School between the hours of 8 a.m. to 9 a.m. and 2:30 p.m. to 3:30 p.m: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

15j.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Beverly Simpson et al request to reverse the winter parking ban on Rydal St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

15k.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Anna Gentile et al request installation of two stop signs facing both directions of Nebraska St. at Muskeego St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

15l.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Candy Mero-Carlson request installation of a four way stop sign at Westminster and Northampton Sts.: recommend Petition be placed on file

Attachments

Accepted

 

15m.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Candy Mero-Carlson request reinstallation of a “Left Turn Only” lane in Belmont St., turning into 240 Belmont St., Seabury Heights: recommend Petition be placed on file.

Attachments

Accepted

 

16.

TO BE ORDAINED

16a.

Amending The Salary Ordinance Of August 20, 1996 Relative To Members Of Local 911, NEPBA (Police Officers)

Attachments

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

 

16b.

Amending the Organization Plan for the Executive Office Of Economic Development Concerning Workforce Central Career Center Division And Workforce Development Board Division.

Attachments

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

 

17.

TABLED UNDER PRIVILEGE

17a.

COMMUNICATION of the City Manager transmitting informational communication relative to an update of the Quality of Life Taskforce. (Tabled Under Privilege - Petty December 11, 2018)

Attachments

Referred to Public Health and Human Services Committee

 

18.

TABLED ITEMS

18a.

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

 

18b.

ORDER of Councilor Kontantina B. Lukes - Request City Manager report on the numbers and types of undomesticated animals reported in the city and reported contacts with humans. (Tabled - Petty December 4, 2018)

Attachments

No action taken

 

19.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the December 11, 2018 City Council meeting.

19a.

ORDER of Councilor Morris A. Bergman – Request City Manager provide City Council with a report concerning the number of applicants for the Elderly Exemption Program in other municipalities of a similar size. – Item #13a CC Order adopted

 

19b.

ORDER of Councilor Matthew E. Wally – That the Tax Rate for Fiscal Year 2019 be set at $18.91 for Residential Property and $32.31 for Commercial, Industrial and Personal Property. – Item #13b CC Order denied on a roll call vote of 3 Yeas and 8 Nays

 

19c.

ORDER of Councilor Sean M. Rose – That the Tax Rate for Fiscal Year 2019 be set at $18.63 for Residential Property and $33.12 for Commercial, Industrial and Personal Property. – Item #13c CC Order denied on a roll call vote of 5 Yeas and 6 Nays

 

19d.

ORDER of Councilor Konstantina B. Lukes – That the Tax Rate for Fiscal Year 2019 be set at $18.00 for Residential Property and $34.90 for Commercial, Industrial and Personal Property. – Item #13d CC Order adopted on a roll call vote of 6 Yeas and 5 Nays

 

19e.

ORDER of Councilor Kathleen M. Toomey – That the Tax Rate for Fiscal Year 2019 be set at $18.51 for Residential Property and $33.46 for Commercial, Industrial and Personal Property. – Item #13e CC Not put

 

19f.

ORDER of Mayor Joseph M. Petty – Request City Manager consider applying revenue earned from the sale of recreational marijuana to reducing taxes. – Item #13f CC Order adopted

 

19g.

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with an update concerning how the expansion of middle school sports programs including volleyball have been received. – Item #13g CC Order adopted

 

19h.

ORDER of Councilor Candy Mero-Carlson – Request City Manager provide City Council with a report concerning typical salaries for City Council support staff. – Item #13h CC Order adopted

 

19i.

ORDER of Councilor Matthew E. Wally – Request City Manager provide City Council with a long range plan to deal with icy conditions in Flagg St. – Item #13i CC Order adopted

 

19j.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning what will be done with the old counters used by the Election Commission and Treasurer’s Office when the new counters are built. Further, request City Manager include in said report information concerning who will be designing the new counters and what the new counters will look like. – Item #13j CC Order adopted

 

19k.

ORDER of Councilor Morris A. Bergman – Request City Manager consider posting onto the city’s website information released about Worcester being one of the twenty (20) safest cities to live in. – Item #13k CC Order adopted

 

20.

NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the December 18, 2018 City Council meeting.

20a.

Motion Lukes @ #7a CC - Request City Manager provide City Council with a report outlining the process for taking parcels by eminent domain and any costs associated with such a process.

Attachments

Order adopted

 

20b.

Motion Petty - Request City Manager notify the twenty-five (25) properties and their owners that are not going to be taken as part of the Downtown Urban Revitalization Plan Amendment #1.

Attachments

Councilor Rivera moved to amend: Further, request City Manager include the Southeast Asian Coalition in their notification process. Order adopted as amended

 

20c.

Motion King @ #11b CC – Request City Manager work with his intergovernmental team to update City Council concerning what type of engagements the City are having concerning the foundational budget formula with the State Delegation.

Attachments

Order adopted

 

20d.

Motion Lukes @ #14b CC – Request City Manager request City Solicitor provide City Council with a legal opinion regarding the practice of voting to advertise a proposed ordinance when said proposed ordinance’s final edits are not completed before being reported to City Council.

Attachments

Order adopted