CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 5, 2019

Esther Howland Chamber

Convened: 6:33 P.M.

Adjourned: 8:55 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 Councilors King, Rose and Toomey. Councilor King arrived at 6:37 P.M., Councilor Rose arrived at 6:40 P.M. and Councilor Toomey arrived at 7:43 P.M.

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 January 22, 2019.

Attachments

Order adopted

 

5.

PUBLIC PARTICIPATION

5a.

Mayor Petty recognized the following speakers:
1. Idella Hazard, Worcester resident, spoke neither in favor or opposed to #7.3A CM
2. Conchino Fernando, Leominster resident, spoke in favor of #7.36A CM
3. Laurie Ross, Worcester resident, spoke in favor of #7.36A CM
4. George Cortes, Worcester resident, spoke in favor of #7.3A CM
5. William S. Coleman, III, Worcester resident, spoke in favor of #7.3A CM
6. Stacey Luster, Worcester resident, spoke in favor of #7.3A CM

 

6.

PETITIONS

6a.

Jonathan J. Thomas, Manager of Whippoor LLC, request to extend the RL-7 zone to encompass the following Malden Woods subdivision (O Whippoorwill Drive & 0 Castine St.) parcels: 10, 11, 12, 13 & 14B on Map 32 and Plat 011:00010; 00011, 00012, 00013, & 0014B.

Attachments

Referred to Planning Board

 

6b.

Abbas Aldayyeni request installation of handicap parking space in front of 26 New Vista Lane.

Attachments

Referred to Traffic and Parking Committee

 

6c.

Ana Chavez request installation of handicap parking space in front of 6 Clapp St.

Attachments

Referred to Traffic and Parking Committee

 

6d.

Jennifer Pappas request installation of traffic light at the intersection of 21 Hill St and East Central St.

Attachments

Referred to Traffic and Parking Committee

 

6e.

CHARTER COMMUNICATIONS for a conduit location at: GRAFTON STREET

Attachments

Hearing set for February 12, 2019 at 6:30 P.M.

 

6f.

CHARTER COMMUNICATIONS for a conduit location at: GROVE STREET

Attachments

Hearing set for February 12, 2019 at 6:30 P.M.

 

7.

COMMUNICATIONS OF THE CITY MANAGER

 

7.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting informational communication relative to the appointments of Edward Moynihan and Angel Santana to Constable.

Attachments

Placed on file

 
B.

Transmitting informational communication relative to the appointment of Priscilla Lippert to the Trust Funds Commission.

Attachments

Placed on file

 
 

7.2

APPOINTMENTS
City Council Confirmation
A.

Recommend appointment of Coretta McCarter to the Advisory Committee on the Status of Women.

Attachments

Confirmed on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
B.

Recommend appointment of Osaghale Aisagbonhi to the Diversity and Inclusion Advisory Committee.

Attachments

Confirmed on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
 

7.3

DEPARTMENT OF HUMAN RESOURCES
A.

Transmitting informational communication relative to the Affirmative Action Plan, Hiring, Recruitment, and Retention Policy Updates and Initiatives.

Attachments

Referred to Municipal Operations Committee

 
 

7.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
 

7.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

7.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

7.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
 

7.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

7.9

FIRE DEPARTMENT
 

7.10

POLICE DEPARTMENT
 

7.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

7.12

LICENSE COMMISSION
 

7.13

LAW DEPARTMENT
A.

Transmitting informational communication relative to a legal opinion concerning the extent of discussion of City Council matters by City Councilors outside of City Council meetings.

Attachments

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

 
 

7.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

7.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

7.16

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

7.17

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Public Health
 

7.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Elder Affairs
 

7.19

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

7.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Veterans Services
 

7.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Youth Services
 

7.22

WORCESTER PUBLIC LIBRARY
 

7.23

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

7.24

PUBLIC SCHOOL DEPARTMENT
 

7.25

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

7.26

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

7.27

DEPARTMENT OF ADMINISTRATION AND FINANCE
Energy and Asset Management
 

7.28

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

7.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

7.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

7.31

FINANCE ITEMS
Capital Transfers
A.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C7113L, MSBA Rehab - South High, and be appropriated to Account #41C789, South High Improvements, to allow for payments towards current obligations relating to the new school MSBA Project.

Attachments

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

 
B.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Loan Account #91C7113M, Chandler MSBA Rehab, and be appropriated to Account #41C747, Chandler Elementary, to allow for the payment of current obligations associated with this project, such as costs relating to windows, doors, and boiler, for the MSBA project.

Attachments

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

 
C.

Recommend that Seventy Five Thousand Dollars And No Cents ($75,000.00) be transferred from Loan Account #91C7113N, Gerald Creamer MSBA, and be appropriated to Account #41C748, Gerald Creamer, such as costs relating to windows, doors, and boiler, for the MSBA project.

Attachments

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

 
D.

Recommend that Seventy Five Thousand Dollars And No Cents ($75,000.00) be transferred from Loan Account #91C7113O, Belmont Elementary MSBA, and be appropriated to Account #41C749, Belmont Elementary, such as costs relating to windows, and doors for the MSBA project.

Attachments

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

 
E.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C7113P, Wawecus Rd MSBA Rehab, and be appropriated to Account #41C757, Wawecus Rd Elementary, such as costs relating to windows, and doors for the MSBA project.

Attachments

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

 
F.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7113Q, Lincoln St School MSBA, and be appropriated to Account #41C75901, Lincoln St School, to fund current obligations such as costs relating to windows, doors, and roof, for the MSBA project.

Attachments

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

 
G.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7113R, Thorndyke School MSBA, and be appropriated to Account #41C75902, Thorndyke Road School, to fund current obligations such as costs relating to windows, and doors, for the MSBA project.

Attachments

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

 
H.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7113S, Elm Park School MSBA, and be appropriated to Account #41C75903, Elm Park Community School, to allow for the payment of current and future obligations associated with this project, such as windows and doors for the MSBA project.

Attachments

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

 
 

7.32

FINANCE ITEMS
Grants and Donations
A.

Recommend adoption of a resolution to accept with gratitude a donation of travel-related expenses, with an estimated value of Two Thousand Five Hundred Dollars And No Cents ($2,500.00) from National Recreation & Park Association (NRPA) for Assistant Commissioner Robert C. Antonelli, Jr. of Department of Public Works & Parks to attend the National Green Infrastructure Certification Program (NGICP).

Attachments

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

 
 

7.33

FINANCE ITEMS
Operational Transfers
A.

Recommend that Nine Hundred Twelve Thousand Seven Hundred One Dollars And No Cents ($912,701.00) be transferred as described, so as to provide sufficient funding for the Off-Street Parking Program for the Third Quarter of Fiscal Year 2019.

Attachments

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

 
B.

Recommend that One Hundred Thirty Eight Thousand Two Hundred Thirty Three Dollars And Nineteen Cents ($138,233.19) be transferred from Tax Levy Account #410-91000, Salaries, and be appropriated to Account Tax Levy Account #410-97201, Overtime, to allow for overtime costs for the winter months.

Attachments

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

 
 

7.34

FINANCE ITEMS
Prior Year
A.

Recommend that Seven Hundred Forty Four Dollars And Zero Cents ($744.00) be authorized from Account 3314-91000, Youth Office Salaries, for the payment of a prior year payroll expense.

Attachments

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

 
 

7.35

FINANCE
Loan Orders
A.

Recommend City Council's review, deliberation and adoption of various Orders for the issuance of refunding bonds, as received from the City Treasurer, and forwarded for the consideration of your Honorable Body.

Attachments

Councilor Wally moved to be recused and left the room. Voted to advertised proposed Loan Order on a roll call vote of 10 Yeas and 0 Nays (Wally recused)

 
 

7.36

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting informational communication relative to an update regarding the Worcester Youth Violence Prevention Initiative (WYVPI).

Attachments

Referred to Public Safety Committee

 
8.

TABLED ITEM

8a.

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

 

9.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the January 29, 2019 City Council meeting.

9a.

ORDER of Councilor Morris A. Bergman – Request City Manager provide City Council with a report concerning any taxes owed on the Greendale Mall property. – Item #18a CC Order adopted

 

9b.

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report comparing whether the value and the assessed value of the Greendale Mall property was similar during its sale. – Item #18b CC Order adopted

 

9c.

ORDER of Councilor Morris A. Bergman – Request City Manager consider creating zoning incentives for those developing lots to either keep trees that are existing or add trees where they are not. – Item #18c CC Order adopted

 

9d.

ORDER of Councilor Konstantina B. Lukes – Request City Manager enact a policy to check whether new and old public shade trees have to be replaced due to gas pipe leaks. – Item #18d CC Order adopted

 

9e.

ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with information concerning what ordinances and state laws are in place regarding gas pipe leaks and their impact on trees. Further, request City Manager provide City Council with information concerning how to ensure gas companies are in accordance with those regulations. – Item #18e CC Order adopted

 

9f.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a list detailing all buildings and parcels owned by the City of Worcester. – Item #18f CC Order adopted

 

9g.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning the number of homeless college students in the city. Further, request City Manager include in said report what programs colleges are undertaking to address this issue. – Item #18g CC Order adopted

 

9h.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report detailing the city’s history and policies regarding tax liens, including issues of notification. – Item #18h CC Order adopted

 

10.

NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the February 5, 2019 City Council meeting.

10a.

Motion King @ #7.36A CM – Request City Manager provide City Council with biannual reports analyzing the implementation of actionable items within the Worcester Youth Violence Prevention Initiative (WYVPI).

Attachments

Order adopted

 

10b.

Motion King @ #7.36A CM – Request City Manager formally invite City Council to Worcester Youth Violence Prevention Initiative (WYVPI) meetings.

Attachments

Order adopted

 

10c.

Motion King @ #7.36A CM – Request City Manager provide City Council with a report concerning the work being done to address the issue of a disproportionate rate at which Latino and black youths are punished in school and in the criminal justice system.

Attachments

Order adopted

 

10d.

Motion King @ #7.3A CM – Request City Manager create a strategic, affirmative action plan as it relates to the succession of minorities to cabinet and high level positions within the city.

Attachments

Order adopted

 

10e.

Motion King @ #7.3A CM – Request City Manager provide the city’s departments with a, “Utilization Analysis,” which tracks information on new hires, promotions and departures on a regular basis to determine how the city is growing and improving in regards to its Affirmative Action Plan.

Attachments

Order adopted

 

10f.

Motion Lukes @ #7.3A CM – Request City Manager request City Solicitor provide City Council with a legal opinion as to what City Council’s role is in formulating the city’s Affirmative Action Plan.

Attachments

Order adopted

 

10g.

Motion Lukes @ #7.3A CM – Request City Manager request City Solicitor provide City Council with a report concerning whether or not the City Council, as a hiring authority, is subject to the city’s Affirmative Action Plan.

Attachments

Order adopted

 

10h.

Motion Bergman @ #7.13A CM – Request City Manager provide City Council with a clarification of why cosponsors’ names cannot be added to Orders put forth by City Council until the time of the body’s meeting.

Attachments

Order adopted

 

10i.

Motion Russell @ #7.13A CM – Request City Manager work with his Director of Intergovernmental Affairs to determine the feasibility of changing the Open Meeting Law to allow for discussion of Items before City Council.

Attachments

Order adopted

 

10j.

Motion King @ #7.13A CM – Request City Manager request City Solicitor provide City Council with a report determining the feasibility of drafting a home rule petition to exempt City Council from the portion of the Open Meeting Law that does not allow a body to discuss Items with one another.

Attachments

Order adopted