CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 9, 2014

Esther Howland Chamber

Convened: 7:02 P.M.

Adjourned: 9:27 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Morris A. Bergman Tony Economou
Michael T. Gaffney Konstantina B. Lukes
Philip P. Palmieri Sarai Rivera City Clerk
David J. Rushford
Gary Rosen Frederick C. Rushton
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

INVOCATION - Reverend Father Dean N. Paleologos of Saint Spyridon Greek Orthodox Cathedral

2.

PLEDGE OF ALLEGIANCE

3.

STAR SPANGLED BANNER - LOIS DWIRA OF WORCESTER TECHNICAL HIGH SCHOOL

4.

ROLL CALL - All present with the Mayor as Chair

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 November 25, 2014.

Attachments

Order adopted

 

6.

ELECTION FOR TWO MEMBERS TO THE LIBRARY BOARD OF DIRECTORS

6a.

ELECTION - Brittany Durgin and Carolyn B. Noah were elected for six year terms beginning on January 1, 2015 and ending December 31, 2020.

 

7.

HEARING & ORDER

7a.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, INC. for joint-pole location in: CHINO AVE. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC. for joint-pole location in: CHINO AVE.

Attachments

Hearing Held & Order adopted

 

8.

TAX CLASSIFICATION HEARING

8a.

HEARING: To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2015.

Mayor Petty opened the Tax Classification hearing at 7:57 P.M. and the following people spoke: 1. Timothy P. Murray, Worcester resident 2. John Creedon, Jr., Worcester resident 3. Joseph Pagano, Worcester resident 4. Kevin O’Sullivan, Worcester resident 5. Robert Branca, no residence given 6. Sue Mailman, Northborough resident 7. George Valeri, Worcester resident 8. Frank Zitomersky, Worcester resident 9. Juan Gomez, Worcester resident 10. William S. Coleman, III, Worcester resident. Mayor Petty closed the public speaking portion of the hearing and heard Councilors input. Councilor Rushton moved to recommend for consideration Line 162 – That the tax rate for Fiscal Year 2015 be set at $20.10 for Residential Property and $31.66 for Commercial, Industrial and Personal Property. Councilor Economou moved to recommend for consideration Line 164 – That the tax rate for Fiscal Year 2015 be set at $20.07 for Residential Property and $31.73 for Commercial, Industrial and Personal Property. Councilor Lukes moved to recommend for consideration Line 263 – That the tax rate for Fiscal Year 2015 be set at $18.67 for Residential Property and $35.17 for Commercial, Industrial and Personal Property. Councilor Rosen moved to recommend for consideration Line 184 – That the tax rate for Fiscal Year 2015 be set at $19.79 for Residential Property and $32.43 for Commercial, Industrial and Personal Property. Councilor Russell moved to recommend for consideration Line 207 – That the tax rate for Fiscal Year 2015 be set at $19.46 for Residential Property and $33.24 for Commercial, Industrial and Personal Property. Mayor Petty moved to take up the motions for tax rate consideration from the Highest Residential Tax Rate to the Lowest Residential Tax Rate as submitted. Councilor Rushton’s motion was taken up and denied on a roll call vote of 4 Yeas and 7 Nays (Yeas – Gaffney, Rushton, Toomey, Petty) (Nays – Bergman, Economou, Lukes, Palmieri, Rivera, Rosen, Russell). Councilor Economou’s motion was taken up and adopted on a roll call vote of 8 Yeas and 3 Nays (Yeas – Bergman, Economou, Gaffney, Palmieri, Rivera, Rushton, Toomey, Petty) (Nays – Lukes, Rosen, Russell). (See item #20b). Councilors Lukes, Rosen, and Russell’s motions for tax rate consideration – Not Put. Councilor Lukes moved for reconsideration of the Tax Rate – Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

8b.

COMMUNICATION of the City Manager Transmitting Informational Communication Relative to the Tax Rate Classification Hearing for FY2015. (Tabled Under Privilege - Petty December 2, 2014)

Attachments

Placed on file

 

8c.

COMMUNICATION of the City Manager respectfully submitting the following updated supplemental item relative to the tax classification. (Tabled Under Privilege - Petty December 2, 2014)

Attachments

Placed on file

 

8d.

COMMUNICATION of the City Manager transmitting informational communication relative to an update as to the status of petitions made by property owners to the Massachusetts Appellate Tax Board. (Tabled Under Privilege - Petty December 2, 2014)

Attachments

Placed on file

 

8e.

COMMUNICATION of the City Manager transmitting informational communication relative to Elderly and Veterans Tax Exemptions. (Tabled Under Privilege - Petty December 2, 2014)

Attachments

Placed on file

 

8f.

COMMUNICATION of the City Manager transmitting informational communication relative to a report that compares all actual commercial real estate sale prices over the last six months with the assessed values for those same properties. (Tabled Under Privilege - Petty December 2, 2014)

Attachments

Referred to Municipal Operations Committee

 

9.

ITEMS OF PUBLIC INTEREST

9a.

Mayor Joseph M. Petty presented Father Dean N. Paleologos with a Key to the City for his work as the head of Saint Spyridon Greek Orthodox Cathedral, where he helped make Worcester an even more desirable place to worship, work and live.

 

9b.

Mayor Joseph M. Petty read a Proclamation declaring December 9, 2014 as Worcester Human Rights Day 2014 in the City. The Proclamation was presented to Edward Robinson.

Attachments

 

9c.

Mayor Petty recognized the following speakers:
1. Chris Horton, Worcester resident
2. Robert Gibbs, Worcester resident

 

10.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

11.

PETITIONS

11a.

Mariann Castelli Hier, Treasurer & Collector request abatement of street betterment assessment #50088 in the amount of $2,051.18 in the name of the City of Worcester for Old Colony Rd.

Attachments

Referred to Public Works Committee

 

11b.

Mariann Castelli Hier, Treasurer & Collector request abatement of street betterment assessment #25225 in the amount of $52,040.21 in the name of the City of Worcester for Merchant St.

Attachments

Referred to Public Works Committee

 

11c.

Mariann Castelli Hier, Treasurer & Collector request abatement of street betterment assessment #25275 in the amount of $43,097.36 in the name of the City of Worcester for Monticello Dr.

Attachments

Referred to Public Works Committee

 

11d.

Ivana Pellegrino, et al request the winter parking ban be removed on one side on Montgomery Ave.

Attachments

Referred to Traffic and Parking Committee

 

11e.

Anna Quinones request installation of a handicap parking space in front of 8 Lakeside Ave.

Attachments

Referred to Traffic and Parking Committee

 

11f.

Michelle Carreau on behalf of James Carreau request a handicap curb cut be installed in front of 3 Wyola Dr.

Attachments

Referred to Traffic and Parking Committee

 

11g.

Yvette Swears request installation of a handicap parking space in the vicinity of 59 Cutler St.

Attachments

Referred to Traffic and Parking Committee

 

11h.

Yvette Swears request the handicap parking space in front of 29 Barclay St. be removed.

Attachments

Referred to Traffic and Parking Committee

 

11i.

NATIONAL GRID & VERIZON NEW ENGLAND, INC for joint pole location in: CANDLEWOOD ST.

Attachments

Hearing set for December 16, 2014 - 7:00 P.M.

 

12.

CHAIRMAN'S ORDER

12a.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request the District Attorney to provide the City Council with information maintained at the Victim Witness Division that reveals the number or percentage of sex abuse victims who, at the time of level 3 offenses made against them, were known by and to their abusers, and further, request to know what percentage of convicted level 3 sex abusers are repeat offenders.

Attachments

Order adopted

 

13.

ORDERS

13a.

Request City Manager request City Solicitor provide City Council with a history and explanation as to the legal / political process(es) implemented by the City of Cambridge, Massachusetts to no longer be subject to Mass. Gen. Laws. Chapter 40A, Section 3 ( the “Dover Amendment”). (Bergman, Palmieri, Rosen)

Attachments

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

 

13b.

Request City Manager request Commissioner of Public Works and Parks use technology to better improve the methods the City uses to communicate with residents in regards to what day leaf cleanup will actually take place so that residents can be better prepared to move their vehicles. (Rivera)

Attachments

Order adopted

 

14.

COMMUNICATIONS

14a.

Mayor Joseph M. Petty transmitting the enclosed Draft City Council Meeting Schedule for calendar 2015.

Attachments

Councilor Lukes moved to amend the proposed schedule to remove the Wednesday, January 7, 2015 date. Mayor Petty moved for a roll call vote to approve the amendment. Councilor Lukes amendment Denied on a roll call vote of 2 Yeas and 9 Nays ( Yeas - Gaffney, Lukes) (Nays - Bergman, Economou, Palmieri, Rivera, Rosen, Russell, Rushton, Russell, Toomey, Petty). The City Council Meeting Schedule for calendar 2015 approved.

 

14b.

Joseph Connarton, Executive Director of PERAC, transmitting communication relative to the amount required to be appropriated to the city's retirement system for Fiscal Year 2016 which commences July 1, 2015.

Attachments

Referred to Municipal Operations Committee

 

14c.

Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to a revised update as to the status of petitions made by property owners to the Massachusetts Appellate Tax Board.

Attachments

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

 

14d.

Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to a revised report that compares all actual commercial real estate sale prices over the last six months with the assessed values for those same properties.

Attachments

Referred to Municipal Operations Committee

 

15.

REPORT OF THE COMMITTEE ON PUBLIC WORKS

15a.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Communication of the City Manager transmitting communication relative to the placement of a barricade at the end of Muskeego Street - Eminent Domain Taking and Conversion of Albany Street to a public street: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted on a roll call vote of 11 Yeas and 0 Nays

 

16.

LOAN ORDER TO BE ADOPTED

16a.

That the sum of Thirty Eight Million Six Hundred Ninety Five Thousand Five Hundred and Nine Dollars and No Cents ($38,695,509.00) be appropriated to Account #91C7111A, Building Rehabilitation City and Schools, to provide funding for School Building ESCO Energy Renewable projects, including the costs incidental and related thereto

Attachments

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

 

17.

TO BE ORDAINED

17a.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on Chatham Street from Oxford Street to Crown Street 5:00 P.M. – 7:00 A.M.

Attachments

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

 

17b.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on Oxford St. from Pleasant St. to Chatham St. on the west side of Oxford St. from 6:00 P.M. - 7:00 A.M. and on the east side of Oxford St. from 5:00 P.M. - 7:00 A.M.

Attachments

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

 

17c.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 32 Blossom Street.

Attachments

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

 

18.

TABLED UNDER PRIVILEGE

18a.

ORDER - Granting permission to VERIZON NEW ENGLAND, INC. for conduit location in: QUINSIGAMOND AVENUE (Tabled Under Privilege - Palmieri December 2, 2014)

Attachments

Taken Off Table & Order adopted

 

18b.

ORDER - Granting permission to VERIZON NEW ENGLAND, INC. for conduit location in: RAYMOND ST./FIFTH AVE./VERNON ST. (Tabled Under Privilege - Palmieri December 2, 2014)

Attachments

Taken Off Table & Order adopted

 

19.

TABLED ITEMS

19a.

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support of the Administration’s efforts to negotiate the maximum hiring of local residents in Tax Increment Financing agreements and other tools used to attract business and to expand our tax base. (Tabled - O'Brien September 13, 2011)

Attachments

No action taken

 

19b.

COMMUNICATION of the City Manager transmitting informational communication relative to Out of State Residents Working on Local Projects and Not Meeting the State's Health Care Mandates. (Tabled Under Privilege - O'Brien August 14, 2012) (Tabled - Lukes September 4, 2012)

Attachments

No action taken

 

19c.

COMMUNICATION of the City Manager transmitting communication relative to parking meters at Rockwood Field. (Tabled Under Privilege - Eddy December 10, 2013 and Tabled December 17, 2013)

Attachments

No action taken

 

19d.

COMMUNICATION of the City Manager transmitting informational communication relative to the number of properties in areas surrounding Holy Cross, Clark University, Becker College and WPI that are listed as having true four-bedroom units. (Tabled - Bergman August 19, 2014)

Attachments

No action taken

 

19e.

PETITION of Frank Kartheiser et al on behalf of the Worcester Community-Labor Coalition request City Council hold public hearings starting in October on charter change and that at the conclusion of the hearings the Council takes a vote on holding an election to let the voters decide Worcester's future form of government. (Tabled Under Privilege - Lukes August 19, 2014 and Tabled - Petty September 16, 2014)

Attachments

No action taken

 

19f.

COMMUNICATION of the City Manager recommending approval of Legislation to Impose a Fine on Motorists that Damage a Bridge that is marked with a Height Restriction. (Tabled - Bergman December 2, 2014)

Attachments

No action taken

 

19g.

ORDER of Councilor Konstantina B. Lukes request City Manager request the School Department share in the cost for providing police services during the presidential visit. (Tabled Under Privilege - Lukes June 17, 2014 and Tabled July 22, 2014)

Attachments

No action taken

 

20.

NEW BUSINESS UNDER SUSPENSION OF RULES

20a.

Motion Economou @ #8a CC – Request the Mayor convene a committee, comprised of members of the Chamber of Commerce, city administrators, residents and business owners, for the purpose of setting a path, goals and recommending a long term plan concerning real estate taxes so that both residents and business owners may use this as part of their budgets or business plans.

Attachments

Order adopted

 

20b.

Motion Economou @ #8a CC – That the tax rate for Fiscal Year 2015 be set at $20.07 for Residential Property and $31.73 for Commercial, Industrial and Personal Property.

Attachments

Order adopted on a roll call vote of 8 Yeas and 3 Nays (Yeas - Bergman, Economou, Gaffney, Palmieri, Rivera, Rushton, Toomey, Petty) (Nays - Lukes, Rosen, Russell). Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

20c.

Motion Gaffney @ 16a CC – Request City Manager provide City Council with quarterly basis reports regarding the monitoring of ESCO Energy Renewable solar projects.

Attachments

Order adopted

 

20d.

Motion Toomey – Suspension of Rules – Request City Manager reach out to National Grid and request they assist smart meter customers who call requesting information regarding their electric bill.

Attachments

Order adopted

 

20e.

Motion Lukes – Suspension of Rules – Request City Manager provide City Council with a report comparing Worcester’s snow removal salary rates for private contractors with surrounding towns.

Attachments

Order adopted

 

20f.

PETITION – Councilor Sarai Rivera request crosswalks be looked at in Lancaster St. near Dix St. to assist the walk ability for the residents of the Canterbury Towers at 6 Wachusett St.

Attachments

Referred to Traffic and Parking Committee

 

20g.

PETITION – Councilor Sarai Rivera request repair of hole in Home Street near the sidewalk.

Attachments

Referred to Public Works Committee

 

20h.

Motion Rushton, as chair of the Economic Development Committee – Suspension of Rules – Request City Council amend the rules of City Council to allow a Report of the Economic Committee regarding the Salisbury Cultural District, be added to the City Council agenda for December 16, 2014.

Attachments

Order adopted

 

20i.

PETITION – Councilor Frederick C. Rushton request adding a left green arrow to the lights in Mower St. for traffic into Pleasant St.

Attachments

Referred to Traffic and Parking Committee