CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 5, 2018

Esther Howland Chamber

Convened: 6:49 P.M.

Adjourned: 9:18 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.

3.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

3a.

During suspension of rules, MOMENT OF SILENCE to commemorate fifty years since the death of Senator Robert F. Kennedy, whose passed away on June 6, 1968.

 

3b.

Mayor Joseph M. Petty read a Proclamation declaring June of 2018 as Immigrant Heritage Month in the City of Worcester.

 

3c.

Mayor Joseph M. Petty read a Proclamation declaring June of 2018 as Men’s Health Month in the City of Worcester.

 

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 May 15, 2018.

Attachments

Order adopted

 

5.

PUBLIC PARTICIPATION

5a.

Mayor Petty recognized the following speakers:
1. Fred Nathan, Worcester resident, spoke in favor of #8i CC
2. Mauro DePasquale, Worcester resident, spoke in favor of #8i CC
3. Idella Hazard, Worcester resident, spoke in favor of #10c CC
4. John Shearer, Needham resident, spoke in favor of #10c CC
5. Elizabeth Hixon, Worcester resident, spoke in favor of #8i CC
6. Jonathan Ostrow, Worcester resident, spoke in favor of #8i CC
7. Dennis Lane, Quincy resident, spoke in favor of #10c CC
8. Tarek Yatim, Worcester resident, spoke in favor of #10c CC
9. Susan Ceccacci, Holden resident, spoke in favor of #8i CC
10. Sam Webby, Worcester resident, spoke in favor of #10c CC
11. Cheryl Sabara, Winchester resident, spoke in opposition to #10c CC
12. Cheryl Logan, Worcester resident, spoke in favor of #8i CC
13. Stephen McCauley, Worcester resident, spoke in favor of #8i CC
14. Stuart Loosemore, Leicester resident, spoke in favor of #10c CC
15. Dr. Janice Yost, Worcester resident, spoke in opposition to #10c CC
16. Tina Grewsowski, Hudson resident, spoke in opposition to #10c CC
17. Monica Lowell, West Boylston resident, spoke in opposition to #10c CC
18. Zachary Dyer, Worcester resident, spoke in opposition to #10c CC
19. Dr. Karen Kafka, Worcester resident, spoke in opposition to #10c CC
20. Casey Burns, Worcester resident, spoke in opposition to #10c CC
21. Terri Kelly, Worcester resident, spoke in favor of #8i CC and #10c CC
22. Linda Nelson, Sutton resident, spoke in favor of #8i CC
23. Jo Hart, Worcester resident, spoke in favor of #8i CC
24. Keith Scott, Worcester resident, spoke in favor of #8i CC and #10c CC
25. Brenna Robison, Worcester resident, spoke in opposition to #10c CC

 

6.

HEARING & ORDER

6a.

Hearing: NATIONAL GRID for a conduit location at: PRENTICE STREET Granting permission to NATIONAL GRID for a conduit location at: PRENTICE STREET

Attachments

Hearing Held & Order adopted

 

7.

SUSPENSION OF RULES TO TAKE UP TWO COMMITTEE REPORTS

7a.

ORDER of Mayor Joseph M. Petty, as Chair of the City Council Standing Committee on Finance and in accordance with Rule 33 (e) of the Rules of City Council, request City Council suspend its rules to take up the Report of the Committee on Finance Upon the Communication of the City Manager recommending adoption of the Fiscal Year 2019 Budget submission as identified in the line item budget and available to view at http://www.worcesterma.gov/finance/budget-central, as presented by the City Manager and referred to the Standing Committee on Finance as Item #10a CC on the City Council agenda for May 15, 2018, along with related budget items pending before the Committee.

Attachments

Recommend hold until June 12, 2018.

 

7b.

ORDER of Councilor Sarai Rivera, as Chair of the City Council Standing Committee on Public Health and Human Services, having filed notice thereof with the City Clerk and in accordance with Rule 33 (e) of the Rules of City Council, request City Council suspend its rules to take up the Report of the Committee on Public Health and Human Services Upon the Communication of the City Manager recommending adoption of the Year 44 FY19 CDBG, Emergency Solutions Grant, HOME Investment Partnership Program, and Housing Opportunities for Persons with AIDS Program Allocations, funded through the US Department of Housing and Urban Development, as referred to the Standing Committee on Public Health and Human Services as Item #8.4B CM on the City Council agenda for May 29, 2018.

Attachments

Order adopted to take up the Report on a roll call vote of 11 Yeas and 0 Nays. See item #13b CC for Report.

 

8.

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

8a.

Hakim James request 50 Harding St. be excluded from the commercial corridor overlay district.

Attachments

Referred to Planning Board

 

8b.

Attorney Stephen Madaus, on behalf of Agrand Realty LLC et al request to discontinue Agrand St., a public way running easterly from Greenwood St. in its entirety.

Attachments

Referred to Planning Board

 

8c.

Theresa MacLellan request street resurfacing in front of 2 Clarence St.

Attachments

Referred to Public Works Committee

 

8d.

Vangelyn Shelton request installation of a handicap parking space in front of 45 Waverly St.

Attachments

Referred to Traffic and Parking Committee

 

8e.

Theresa MacLellan request installation of speed limit or "Go Slow" children signage in Clarence St.

Attachments

Referred to Traffic and Parking Committee

 

8f.

Thomas Ducharme request removal of the handicap parking space in front of 31 Louise St.

Attachments

Referred to Traffic and Parking Committee

 

8g.

William S. Coleman III request City Council take a moment to remember Senator Robert Francis Kennedy on the anniversary of his passing 50 years ago.

Attachments

Petitioner spoke and Placed on file. (see Item #5a)

 

8h.

Evan Corrigan request City of Worcester begin planning its tricentennial celebration, on June 14, 2022, which will mark Worcester's 300 year as a municipality.

Attachments

Referred to the City Manager

 

8i.

Ted Conna request to address City Council regarding vision for downtown Worcester generally and for Notre Dame des Canadiens specifically, and regarding any news about efforts to save Notre Dame from demolition.

Attachments

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

 

9.

COMMUNICATIONS OF THE CITY MANAGER

 

9.1

APPOINTMENTS
Non-City Council Confirmation
 

9.2

APPOINTMENTS
City Council Confirmation
 

9.3

DEPARTMENT OF HUMAN RESOURCES
 

9.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Transmitting informational communication relative to the Make Music Day Event scheduled for Thursday, June 21, 2018.

Attachments

Placed on file

 
B.

Recommend City Council’s adoption of an order relative to the donation of real property located at 2 Passway.

Attachments

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

 
C.

Recommend adoption of an order to purchase a Conservation Restriction from the Greater Worcester Land Trust at 0 Orrison Street, also known as the Moreland Woods Connector Property.Refer to CCM Item 9.33E

Attachments

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

 
 

9.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

9.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

9.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
 

9.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

9.9

FIRE DEPARTMENT
 

9.10

POLICE DEPARTMENT
A.

Transmitting informational communication relative to an update concerning the new Union Station Precinct.

Attachments

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

 
 

9.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

9.12

LICENSE COMMISSION
 

9.13

LAW DEPARTMENT
 

9.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

9.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

9.16

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

9.17

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Public Health
 

9.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Elder Affairs
 

9.19

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Human Rights and Disabilities
 

9.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Veterans Services
 

9.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Youth Services
 

9.22

WORCESTER PUBLIC LIBRARY
 

9.23

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

9.24

PUBLIC SCHOOL DEPARTMENT
 

9.25

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

9.26

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

9.27

DEPARTMENT OF ADMINISTRATION AND FINANCE
Energy and Asset Management
 

9.28

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

9.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

9.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

9.31

FINANCE ITEMS
Capital Transfers
A.

Recommend that Eighty Thousand Dollars And No Cents ($80,000.00) be transferred from Account #04S645, Community Fund, and be appropriated to Parks Account # 72C616, East Park, to allow for approved East Park improvements to include new picnic tables, trash receptacles and the replacement of several benches in the park.

Attachments

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

 
B.

Recommend that Ninety Two Thousand Dollars and No Cents ($92,000.00) be transferred from Loan Account #91C7932A, Green Hill Golf Improvements, and that Sixty Thousand Dollars and No Cents ($60,000.00) be transferred from Loan Account #91C793, Green Hill Golf Improvement, to be appropriated to Golf Account #71C702, Green Hill Golf Improvement, to allow for the payment of current obligations associated with this capital project.

Attachments

Order adopted 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)

 
C.

Recommend that Twenty Million Four Hundred Forty Five Thousand Seven Hundred Seventy Nine Dollars And Eighty Cents ($20,445,779.80) be transferred from various capital accounts to various capital accounts as listed. These transfers are the result of FY18 Third Term Note Sale borrowed in accordance with the FY18 Capital Improvement Plan.

Attachments

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

 
D.

Recommend that One Million Six Hundred Seventy Three Thousand Seven Hundred Eighty Seven Dollars And Fifty Eight Cents ($1,673,787.58) be transferred from various capital accounts to various capital accounts as listed. These transfers are the result of remaining balances on capital projects that have either been completed or closed out.

Attachments

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

 
E.

Recommend that Nine Thousand Nine Hundred Eighty Nine Dollars And No Cents ($9,989.00) be transferred from Loan Account # 91C7114, Citywide Building Rehab, to Account # 11C70203, Energy & Asset Management 25 Meade St to cover the costs associated with the design and engineering of the parking lot lighting project.

Attachments

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

 
 

9.32

FINANCE ITEMS
Grants and Donations
A.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Twenty Five Thousand Dollars And No Cents ($25,000.00) from Friends of Worcester's Senior Center, Inc., for Senior Center support.

Attachments

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

 
B.

Recommend adoption of a resolution to apply for, accept, and expend eighteen (18) grants from the Commonwealth of Massachusetts, Executive Office of Labor and Workforce Development, Department of Career Services (DCS). The total funding amount for these grants is Three Million Two Hundred Thirty Thousand Two Hundred Sixty Seven Dollars and No Cents ($3,230,267.00).

Attachments

Eighteen (18) Resolutions adopted on a roll call vote of 11 Yeas and 0 Nays

 
C.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Five Thousand Dollars And No Cents ($5,000.00) from the University of Massachusetts Medical School, under the SNAP Outreach Partner program.

Attachments

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

 
D.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Forty Thousand Dollars And No Cents ($40,000.00) from UMass Medical School for the City’s 2018 Summer Recreation Worcester Program.

Attachments

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

 
 

9.33

FINANCE ITEMS
Operational Transfers
A.

Recommend that One Million One Hundred Twenty Five Thousand Dollars And No Cents ($1,125,000.00) be transferred as described so as to provide sufficient funding for the Off-Street Program for the Fourth Quarter of Fiscal Year 2018.

Attachments

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

 
B.

Recommend that Four Hundred Eighty Two Thousand Two Hundred Dollars And No Cents ($482,200.00) be transferred from Reserve Revenue Account #330-54. Greenwood Street Landfill, and be appropriated to DPW Account #41S607, Greenwood Street Landfill City, to allow for engineering services and feasibility study at the Greenwood Street Landfill.

Attachments

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

 
C.

Recommend that Four Million Three Hundred Sixty Eight Thousand Two Hundred Eighty Eight Dollars And No Cents ($4,368,288.00) be accepted from the U.S. Department of Housing and Urban Development for the Year XLIV Community Development Block Grant program, and Fifty Thousand Dollars And No Cents ($50,000.00) in anticipated Year XLIV Program Income, and be appropriated to provide financing for projects and programs as specified.

Attachments

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

 
D.

Recommend initial operational transfers from various accounts to begin the closeout of Fiscal year 2018.

Attachments

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

 
E.

Recommend Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Account #29-33009, Land Sales, to Account #043-93000, Economic Development Capital Outlay, to provide funding for the purchase of the Conservation Restriction Land Property.Refer to CCM Item 9.4C

Attachments

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

 
 

9.34

FINANCE ITEMS
Prior Year
A.

Recommend that Three Thousand Seven Hundred Forty Two Dollars and Sixty Cents ($3,742.60) be authorized from Account #043-92126, Office of Economic Development, for payment of prior year invoices from the Worcester Telegram and Gazette.

Attachments

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

 
 

9.35

FINANCE
Loan Orders
 

9.36

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting informational communication in response to budget motions from the Fiscal Year 2019 Finance Committee Hearings.

Attachments

Referred to Finance Committee

 
10.

TABLED UNDER PRIVILEGE

10a.

COMMUNICATION of the City Manager recommend Adoption of the Fiscal Year 2019 Capital Improvement Plan (CIP). (Tabled Under Privilege - Lukes May 29, 2018)

Attachments

Referred to Finance Committee

 

10b.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Communication of the City Manager transmitting informational communication relative to the establishment of up to 15 regulated Marijuana Establishments, which may include cultivators, laboratories, product manufacturers, retail stores (off-site consumption only), and related establishments: recommend passage of the accompanying proposed ordinance. (Tabled Under Privilege - Mero-Carlson May 29, 2018)

Attachments

Councilor Mero-Carlson moved to Table the Item Under Privilege for a second time. Tabled Under Privilege on a roll call vote of 11 Yeas and 0 Nays. Tabled Under Privilege - Mero-Carlson

 

10c.

ORDER of Councilor Morris A. Bergman and Councilor Gary Rosen - Request the Worcester Board of Health consider put on hold implementation of its April 23, 2018 vote restricting the sale of such products to adult-only establishments. While the Worcester City Council supports efforts to curb the use of flavored tobacco products by our youth, the Board of Health’s well intentioned previous action will do little to stop youth under the age of 21 from purchasing and/or using these products. Further, Request City Manager request the Commissioner of Public Health, the Board of Health, and the New England Convenience Store & Energy Marketers Association, which represents 266 Worcester small business owners, meet to discuss alternative ways (such as prohibiting the open display of such products) to deter city youth under the age of 21 from purchasing and consuming these products. (Tabled Under Privilege - Rivera May 15, 2018 and Tabled Under Privilege - Bergman May 29, 2018)

Attachments

Councilor King moved to, “Request City Manager request Commissioner of Public Health and other appropriate staff meet with convenience store owners in the city and their representatives to find ways to limit the youth in the city’s exposure to tobacco products.” (see Item #13a CC) Councilor Toomey moved to, “Request City Manager request City Solicitor provide City Council with information on an ordinance that would prevent flavored tobacco products from being sold in retail marijuana shops.” (see Item #13b CC) Councilor Toomey moved to, “Request City Manager request City Solicitor provide City Council with a report detailing if online retailers can be fined for selling flavored tobacco products to minors.” (see Item #13c CC) Councilor Bergman moved to file the Item. Councilor Rosen moved to Table the Item. Mayor Petty moved for a roll call vote to Table the Item. Tabled on a roll call vote of 7 Yeas and 4 Nays. Tabled – Rosen

 

11.

TABLED ITEMS

11a.

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

 

11b.

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

No action taken

 

11c.

COMMUNICATION of the City Manager transmitting informational communication relative to an update of a previous report concerning what the impact would be if 4 to 8 unit properties and 9 or above unit properties were moved to a commercial tax rate using the current valuations and the rational the state used to classify income properties and how many buildings have 9 or above units in the city. (Tabled Under Privilege - Bergman May 8, 2018 and May 15, 2018 and Tabled - Petty May 29, 2018)

Attachments

No action taken

 

12.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the May 29, 2018 City Council meeting.

12a.

ORDER of Councilor George J. Russell – Request City Manager request Commissioner of Public Works and Parks consider having staff go to Little League Baseball games at Vernon Hill Park to track where foul balls are being hit into the neighborhood. – Item #17a CC Order adopted

 

12b.

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with information concerning the effectiveness of UMass’ shuttle services for individuals who need services outside of Worcester. – Item #17b CC Order adopted

 

12c.

ORDER of Councilor George J. Russell – Request City Manager consider reaching out to UMASS to determine whether there is a mechanism in place to help patrons find new healthcare due to the closure of the Plumley Village Clinic. – Item #17c CC Order adopted

 

13.

NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the June 5, 2018 City Council meeting.

13a.

Motion King @ #10c CC - Request City Manager request Commissioner of Public Health and other appropriate staff meet with convenience store owners in the city and their representatives to find ways to limit the youth in the city’s exposure to flavored tobacco products.

Attachments

Councilor Russell moved to amend: “Further, request City Manager request his Economic Development staff determine any other ways the city can assist convenience store owners.” Councilor Lukes moved for a roll call vote on the Item. Order adopted as amended on a roll call vote of 11 Yeas and 0 Nays.

 

13b.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager Recommend adoption of the Year 44 FY19 CDBG, Emergency Solutions Grant, HOME Investment Partnership Program, and Housing Opportunities for Persons with AIDS Program Allocations, funded through the US Department of Housing and Urban Development: recommend adoption of the accompanying four (4) Resolutions.

Attachments

Accepted & Adopted four (4) Resolutions on a roll call vote of 11 Yeas and 0 Nays

 

13c.

Motion Lukes @ #9.10A CM – Request City Manager provide City Council with a report detailing the legal impact of using the word, “Precinct,” to describe the Union Station Substation, and how the administration intends the term to be understood in reference to Item #9.10A CM on the June 5, 2018 agenda.

Attachments

Order adopted

 

13d.

Motion Mero-Carlson – Suspension of Rules – Request City Manager provide City Council with a status update concerning 65 Kenwood Ave.

Attachments

Order adopted