CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 9, 2018

Esther Howland Chamber

Convened: 6:37 P.M.

Adjourned: 7:16 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 Mayor as the Chair

3.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

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 September 25, 2018.

Attachments

Order adopted

 

5.

PUBLIC PARTICIPATION - a person may speak for no more than two (2) minutes on any items appearing on the agenda

5a.

Speakers: 1. Sandra Katz, Worcester resident, spoke in opposition to #11b 2. Idella Hazard, Worcester resident, spoke to #8.13A

 

6.

HEARINGS & ORDERS

6a.

Hearing: CROWN CASTLE FIBER LLC for conduit location at: PRESCOTT ST./GARDEN ST. Granting permission to CROWN CASTLE FIBER LLC for conduit location at: PRESCOTT ST./GARDEN ST.

Attachments

Hearing Held & Order adopted

 

6b.

Hearing: CHARTER COMMUNICATIONS for a conduit location at: MASSASOIT RD./GREENFIELD ST. Granting permission to CHARTER COMMUNICATIONS for a conduit location at: MASSASOIT RD./GREENFIELD 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.

Donald J. O'Neil, Esq. on behalf of Gold Star Builders Inc. request to amend Zoning Map in the general vicinity of the intersection of Grand St. and Armory St. by extending the BL-1.0 zone northeasterly across Grand St. to incorporate two parcels of land located at 169 and 179 Grand St.

Attachments

Referred to Planning Board

 

7b.

Donald J. O'Neil, Esq. on behalf of Worcester Affordable Housing LLC request to amend the Zoning Map to extend the BG-2.0 zone southerly from its current terminus at the northerly line of Curtis Pond as shown on the attached map.

Attachments

Referred to Planning Board

 

7c.

Jimmy Georges request street repair in front of 77 Amherst St.

Attachments

Referred to Public Works Committee

 

7d.

Richard Gram request a No Turn on Red sign be installed on Park Ave. at Highland St. as you drive south.

Attachments

Referred to Traffic and Parking Committee

 

7e.

Ercilia Carreno request installation of a handicap parking space in front of 47 Orne St.

Attachments

Referred to Traffic and Parking Committee

 

7f.

Ercilia Carreno request installation of a passenger drop off zone for Monday - Friday 7 a.m. - 9 a.m. & 2 p.m. - 4 p.m. in the vicinity of 47 Orne St.

Attachments

Referred to Traffic and Parking Committee

 

7g.

Zoe D'Apollo request a traffic light be installed at the intersection of Burncoat St., Lincoln St. and Shattuck St.

Attachments

Referred to Traffic and Parking Committee

 

7h.

Amy Petrucelli request installation of a handicap parking space in the vicinity of 15 Fifth Ave.

Attachments

Referred to Traffic and Parking Committee

 

7i.

John McCabe request City to prohibit registered boats on trailers from parking on a public street.

Attachments

Referred to Traffic and Parking Committee

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
 

8.2

APPOINTMENTS
City Council Confirmation
 

8.3

DEPARTMENT OF HUMAN RESOURCES
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Transmitting informational communication relative to the Alliance for Community Media-Northeast Region Awards.

Attachments

Placed on file

 
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

8.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

8.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
 

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
A.

Transmitting informational communication relative to clarification concerning whether the city can create a home rule petition to change the definition of residential units.

Attachments

Referred to Municipal Operations Committee

 
B.

Transmitting informational communication relative to a legal opinion as to the applicability of the City Council rules, specifically Rule 11, which states that matters not within the general supervision and/or relating to City Government are not appropriate for the City Council agenda, and whether the Rule 11 disqualifies a vote by the City Council on the pending resolution regarding DACA and TIP which are federal immigration issues.

Attachments

Councilor Lukes moved to Table this item Under Privilege. Tabled Under Privilege - Lukes

 
 

8.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

8.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
A.

Transmitting informational communication relative to the status of the construction progress and building permit status at the gas station located at 1128 Pleasant Street, Thomas Energy Center.

Attachments

Placed on file

 
 

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
 

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
A.

Transmitting informational communication relative to an update concerning how the City of Worcester is implementing Early Voting for the State Election on November 6, 2018.

Attachments

Placed on file

 
 

8.24

PUBLIC SCHOOL DEPARTMENT
A.

Transmitting informational communication relative to various orders assigned to the Worcester Public School Department.

Attachments

Councilor King moved to Table Under Privilege Tabled Under Privilege - King

 
 

8.25

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
A.

Transmitting informational communication relative to a report containing samples of taxes for properties in each district and throughout the City if the City were to initiate a process for moving 5 or more unit properties from the residential tax rate to the commercial tax rate.

Attachments

Referred to Municipal Operations Committee

 
B.

Transmitting informational communication relative to a the effects of the residential exemption available to owner occupied residential properties.

Attachments

Referred to Municipal Operations Committee

 
 

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 One Hundred Forty Six Thousand Seven Hundred Six Dollars And Ninety Cents ($146,706.90) be transferred from stagnant MSBA Project Accounts, to active MSBA School Project Accounts as described.

Attachments

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

 
B.

Recommend that Four Thousand One Hundred Forty Dollars And No Cents ($4,140.00) be transferred from Loan Account #91C711C, Parks Building Rehab, and be appropriated to Parks Account #72C70223, Newton Hill, to allow for the payment of current contractual obligations associated with the Newton Hill Storage Shed Project.

Attachments

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

 
C.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Account #91C7161A, Union Station Building Rehabilitation, and be appropriated to Account #04C704, Union Station Building Rehabilitation, to provide funding for ongoing building improvements at Union Station.

Attachments

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

 
D.

Recommend that Twenty Seven Thousand Eight Hundred Fourteen Dollars And No Cents ($27,814.00) be transferred from Account #91C7114, Citywide Building Rehab, to Account #26C704, Fire Capital Rehab.

Attachments

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

 
 

8.32

FINANCE ITEMS
Grants and Donations
 

8.33

FINANCE ITEMS
Operational Transfers
A.

Recommend that Seven Hundred Seventeen Thousand Four Hundred Two Dollars And No Cents ($717,402.00) be transferred as described so as to provide sufficient funding for the Off-Street Parking Program for the Second Quarter of Fiscal Year 2019.

Attachments

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

 
B.

Recommend that Twelve Thousand Seven Hundred Twenty Dollars And No Cents ($12,720.00) be transferred from Account #04T803, OPEB Trust Reserve, and be appropriated to Account #663-96000, Health Insurance, to provide funding for Fiscal Year 2019 first quarter health insurance expenses for Airport retirees.

Attachments

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

 
 

8.34

FINANCE ITEMS
Prior Year
 

8.35

FINANCE
Loan Orders
A.

Recommend adoption of a Loan Order in the amount of Three Million Five Hundred Thousand Dollars and No Cents ($3,500,000.00) to fund a potential building improvement project through the MSBA at the Challenge & Reach Academy.

Attachments

Voted to advertised proposed Loan Order on a roll call vote of 11 Yeas and 0 Nays

 
 

8.36

MISCELLANEOUS AGENDA TRANSMITTALS
9.

REPORT OF THE PLANNING BOARD

9a.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager request to remove Allen Court from the Official Map.

Attachments

Referred to Public Works Committee

 

10.

TABLED UNDER PRIVILEGE

10a.

HEARING for CHARTER COMMUNICATIONS for a conduit location at: LOVELL ST./JUNE ST. and BROWNELL ST./BERKMANS ST. Granting permission to CHARTER COMMUNICATIONS for a conduit location at: LOVELL ST./JUNE ST. and BROWNELL ST./BERKMANS ST. (Tabled Under Privilege - Wally October 2, 2018)

Attachments

Hearing Held & Order adopted

 

11.

TABLED ITEMS

11a.

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

 

11b.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the 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: recommend adoption of the accompanying Order to request the City Manager to initiate process for moving 5 or more unit properties from residential tax rate to commercial tax rate. (Tabled Under Privilege - Rose September 12, 2018) and (Tabled - Petty September 25, 2018)

Attachments

Mayor Petty moved to take the item off the Table. Taken of the Table on a roll call vote of 10 Yeas and 0 Nays (King absent), Councilor Rose moved to recommit the item back to Municipal Operations Committee. Recommitted to Municipal Operations Committee

 

11c.

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

 

11d.

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

No action taken

 

12.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the October 2, 2018 City Council meeting.

12a.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a list of all private subcontractors that are working on city streets and sidewalks, including where each private subcontractor is working on. – Item #15a CC Order adopted

 

12b.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with any data concerning how long it takes public utility companies to complete new installations on various roads. Item #15b CC Order adopted

 

12c.

ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with information concerning what the fees are for connecting to public utilities. – Item #15c CC Order adopted

 

12d.

ORDER of Councilor Candy Mero-Carlson – Request City Manager review the sidewalk repairs occurring at Kenwood Ave., as concrete was expected to be used to make the repairs, however, blacktop has been used. – Item #15d CC Order adopted

 

12e.

PETITION of Councilor Sarai Rivera on behalf of Ronald Holbrook request installation of a handicap parking space in the vicinity of 229 Millbury St. – Item #15e CC Referred to Traffic and Parking Committee

 

12f.

ORDER of Councilor Kathleen M. Toomey – Request City Manager request Commissioner of Public Works and Parks address water and gutter issue in front of 134 Southbridge St. – Item #15f CC Order adopted

 

12g.

PETITION of Councilor Kathleen M. Toomey request sidewalk repair in front of Union Music, Guertin Graphics and A1 Wholesale Window and Siding on Southbridge St. – Item #15g CC Referred to Public Works Committee

 

12h.

ORDER of Councilor George J. Russell – Request City Manager request Commissioner of Public Works and Parks address water that is continually running in the vicinity of the Teamsters building on Route 20. – Item #15h CC Order adopted

 

12i.

ORDER of Councilor George J. Russell – Request City Manager reach out to those responsible for the construction on Route 20 so that more signage and lighting is added in the area. – Item #15i CC Order adopted

 

13.

NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the October 9, 2018 City Council meeting.

13a.

Motion Lukes @ #8.13A CM - Request City Manager provide the responses to the orders listed within City Manager’s item #8.13A from the October 9, 2018 agenda.

Attachments

Order adopted