CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 11, 2018

Esther Howland Chamber

Convened: 6:37 P.M.

Adjourned: 8:40 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.

MOMENT OF SILENCE in memory of Christopher Roy, who passed away on Sunday, December 9, 2018 at the age of 36. Mr. Roy was a firefighter for the City of Worcester and died protecting the residents of Worcester while battling a 5 alarm fire that Sunday morning.

 

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 November 27, 2018.

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 #9.17A CM
2. Patricia Kirkpatrick, Worcester resident, spoke in favor of #9.13A CM
3. Erica Saunders, Worcester resident, spoke in favor of #9.13A CM
4. Wahya Wolfpaw, Worcester resident, spoke in favor of #9.13A CM
5. Judy Diamondstone, Worcester resident, spoke in favor of #9.13A CM
6. Elizabeth Westie, Worcester resident, spoke in favor of #9.13A CM
7. Imrana Soofi, Worcester resident, spoke in favor of #9.13A CM
8. Maria Paz, Worcester resident, spoke in favor of #9.13A CM
9. Joseph O’Brien, Worcester resident, spoke in favor of #9.13A CM
10. Jennifer Lish, Holden resident, spoke in favor of #9.13A CM
11. Jo Hart, Worcester resident, spoke in favor of #9.13A CM
12. Joshua Peters, Worcester resident, spoke in favor of #9.13A CM

 

6.

HEARING & ORDER

6a.

Hearing: NATIONAL GRID for a conduit location at: 50 HOUGHTON ST. Granting permission to NATIONAL GRID for a conduit location at: 50 HOUGHTON ST

Attachments

Hearing Held & Order adopted

 

7.

TAX CLASSIFICATION HEARING

7a.

Hearing: To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2019.

Mayor Petty opened the Tax Classification Hearing at 7:13 P.M. Mayor Petty recognized the following speakers in regards to the Tax Classification Hearing: 1. Alex Guardiola, Worcester resident, spoke in favor of a lower commercial, industrial and personal property tax rate 2. Blorina Tahera, Worcester resident, spoke in favor of a lower commercial, industrial and personal property tax rate 3. Patrick Patton, Worcester resident, spoke in favor of a lower commercial, industrial and personal property tax rate 4. Oriola Koci, Worcester resident, spoke in favor of a lower commercial, industrial and personal property tax rate 5. Elaine Fisher, Worcester resident, spoke in favor of a lower residential property tax rate 6. Robert Williams, Worcester resident, spoke in favor of a lower commercial, industrial and personal property tax rate 7. William S. Coleman, III, Worcester resident, spoke neither in favor or opposed to a specific tax rate 8. Kate Sharry, Paxton resident, spoke in favor of a narrower gap between the commercial, industrial and personal property tax rate and the residential tax rate 9. Allan Rafferty, Auburn resident, spoke in favor of a narrower gap between the commercial, industrial and personal property tax rate and the residential tax rate 10. Christine Johnson, Worcester resident, spoke in favor of a lower residential property tax rate Mayor Petty closed the public speaking portion of the hearing and moved to take up #9.25A CM regarding the Elderly Exemption Program. (see item #9.25A CM) Councilor Bergman moved to, “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.” (see item #13a CC) Mayor Petty moved to have the City Council to make comments and motions for setting the tax rate. Councilor Wally moved to recommend for consideration Line 209 – 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 (see item #13b CC) Councilor Rose moved to recommend for consideration Line 226 – 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 (see item #13c CC) Councilor Lukes moved to recommend for consideration Line 263 – 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 (see item #13d CC) Councilor Toomey moved to recommend for consideration Line 233 – 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 (see item #13e CC) Mayor Petty moved to “Request City Manager consider applying revenue earned from the sale of recreational marijuana to reducing taxes.” (see Item #13f CC) Mayor Petty moved to take a vote for each motion regarding setting the tax rated in the order they were presented. Councilor Wally’s motion for Line 209 was taken up and denied on a roll call vote of 3 Yeas and 8 Nays. (Yeas – Toomey, Wally, Petty) (Nays – Bergman, King, Lukes, Mero-Carlson, Rivera, Rose, Rosen, Russell) Councilor Rose’s motion for Line 226 was taken up and denied on a roll call vote of 5 Yeas and 6 Nays. (Yeas – Rivera, Rose, Toomey, Wally, Petty) (Nays – Bergman, King, Lukes, Mero-Carlson, Rosen, Russell) Councilor Lukes’ motion for Line 263 was taken up and adopted on a roll call vote of 6 Yeas and 5 Nays. (Yeas – Bergman, King, Lukes, Mero-Carlson, Rosen, Russell) (Nays – Rivera, Rose, Toomey, Wally, Petty) Councilor Toomey’s motion for Line 233 was not put. Councilor Lukes moved for reconsideration on the item. Mayor Petty moved for a roll a call for reconsideration. Reconsideration denied by a roll call vote of 0 Yeas and 11 Nays.

 

7b.

Communication of the City Manager transmitting informational communication relative to the Fiscal Year 2019 Tax Classification.

Attachments

Placed on file

 

8.

PETITIONS

8a.

John Paul and Michelle L'Esperance request Bishop Ave be made public.

Attachments

Referred to Planning Board

 

8b.

Crystaltina Montagna request to rescind resident permit parking on odd side of Carver St.

Attachments

Referred to Traffic and Parking Committee

 

8c.

Abdulrazzad Abed request to remove handicap parking space in front of 78 1/2 Ward St.

Attachments

Referred to Traffic and Parking Committee

 

8d.

Spyridon Frangos request installation of "No Parking Anytime" signage on the odd side of Taylor St.

Attachments

Referred to Traffic and Parking Committee

 

9.

COMMUNICATIONS OF THE CITY MANAGER

 

9.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting informational communication relative to the reappointments of Michael Baker and Linda Hixon to the G.A.R. Memorial Hall Board of Trustees.

Attachments

Placed on file

 
B.

Transmitting informational communication relative to the reappointment of Devon Kurtz to the Historical Commission.

Attachments

Placed on file

 
C.

Transmitting informational communication relative to the reappointment of Walter Shea to the License Commission.

Attachments

Placed on file

 
D.

Transmitting informational communication relative to the reappointments of Thomas Conroy, Meaghan Hardy-Lavoie and Gabriel Rollins to the Worcester Arts Council.

Attachments

Placed on file

 
 

9.2

APPOINTMENTS
City Council Confirmation
 

9.3

DEPARTMENT OF HUMAN RESOURCES
A.

Recommend adoption of a salary ordinance amendment for the title of Snow Customer Service Representatives.

Attachments

Voted to advertise proposed ordinance

 
B.

Recommend adoption of a salary ordinance amendment for the titles of Snow Inspector, Snow Supervisor, and Winter Operations Coordinator

Attachments

Voted to advertise proposed ordinance

 
C.

Transmitting informational communication relative to the success of the Worcester Police Department Open Houses.

Attachments

Referred to Public Safety Committee

 
 

9.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
 

9.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Transmitting informational communication relative to icing conditions around Flagg Street.

Attachments

Placed on file

 
 

9.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

9.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting informational communication relative to the Leaf Collection Program and winter weather.

Attachments

Placed on file

 
 

9.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Recommend adoption of an Order to authorize a property lease at the Green Hill Municipal Golf Course for food & beverage services.

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)

 
B.

Transmitting informational communication relative to the Mulcahy Master Plan Revision and the announcement of public hearings.

Attachments

Referred to Youth, Parks and Recreation Committee

 
 

9.9

FIRE DEPARTMENT
A.

Transmitting informational communication relative to an update of the Fire Prevention Division.

Attachments

Referred to Public Safety Committee

 
 

9.10

POLICE DEPARTMENT
 

9.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

9.12

LICENSE COMMISSION
 

9.13

LAW DEPARTMENT
A.

Recommend adoption of a proposed ordinance to ban environmentally harmful single-use plastic checkout bags.

Attachments

Referred to Municipal Operations Committee

 
B.

Transmitting informational communication relative to strengthening the City's wage theft ordinance.

Attachments

Referred to Economic Development Committee

 
 

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
A.

Transmitting informational communication relative to holiday mental health resources.

Attachments

Referred to Public Health and Human Services Committee

 
 

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
A.

Recommend adoption of an order relative to the Elderly Exemption Program.

Attachments

Taken up prior to setting the Tax Rate - Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

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 One Hundred Seventy One Thousand Two Hundred Sixty Two Dollars And Sixteen Cents ($171,262.16) be transferred from Account #91C7114, Citywide Building Rehabilitation, to Various Energy & Asset Management Capital Accounts as listed.

Attachments

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

 
B.

Recommend that Two Thousand Six Hundred Dollars And No Cents ($2,600.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C70205, Vernon Hill Park, to allow for the payment of current and future obligations.

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 of Five Hundred Twenty Five Dollars and No Cents ($525.00) from Skyhawks Sports Academy, Inc. for the Department of Public Works and Parks, for the Future Recreational Programming.

Attachments

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

 
B.

Recommend adoption of a resolution to accept with gratitude a grant in the amount of One Hundred Thousand Dollars And No Cents ($100,000.00) from Blue Cross Blue Shield MA, via the Friends of Worcester's Senior Center, Inc.

Attachments

Resolution adopted with gratitude 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 Thirty Thousand Dollars and Zero Cents ($30,000) from the Massachusetts Office of Disabilities Municipal through the Municipal ADA Improvement Grant Program for fiscal year 2019.

Attachments

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

 
D.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Hundred Forty Five Thousand Seven Hundred Eighty Eight Dollars And No Cents ($145,788.00) from FEMA under the Assistance to Firefighters Grant - FY18 Fire Prevention & Safety program.

Attachments

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

 
E.

Recommend adoption of a resolution to accept, with gratitude, a donation in the amount of Fifty Thousand Dollars and No Cents ($50,000.00) from the Worcester Public Library Foundation for the renovations at the Great Brook Valley Branch Library.

Attachments

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

 
F.

Recommend adoption of a resolution to accept, with gratitude, a donation in the amount of Two Hundred Twelve Thousand Fourteen Dollars And No Cents ($212,014.00) from the Worcester Public Library Foundation for the purchase of the Worcester Public Library's new Bookmobile “Libby”.

Attachments

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

 
G.

Recommend adoption of a resolution to accept, with gratitude, a donation in the amount of Sixteen Thousand Five Hundred Dollars And No Cents ($16,500.00) from Charter Communications for the Worcester Fire Department's purchase on technology or equipment.

Attachments

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

 
H.

Recommend adoption of a resolution to accept, with gratitude, a donation of award plaques, with an estimated value of One Thousand Dollars And No Cents ($1,000.00) from Olympic Trophy for the Worcester Fire Department's ceremony for various meritorious service.

Attachments

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

 
I.

Request to File, Accept, and Expend a grant in the amount of Five Hundred Nineteen Thousand One Hundred Eighty Nine Dollars and Zero Cents ($519,189.00) from the Massachusetts Department of Mental Health to establish a regional Training and Technical Assistance Center for Crisis Intervention Teams.

Attachments

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

 
 

9.33

FINANCE ITEMS
Operational Transfers
A.

Recommend that Four Million Two Hundred Ninety Eight Thousand One Hundred Forty Four Dollars and No Cents ($4,298,144.00) be transferred to finalize the City's Fiscal Year 2019 annual budget by appropriating the City's Fiscal Year 2018 certified free cash.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays and referred to Municipal Operations Committee

 
 

9.34

FINANCE ITEMS
Prior Year
A.

Recommend that Three Thousand One Hundred Fifty Six Dollars And No Cents ($3,156.00) be authorized for payment of a prior year expense from D.P.W. & Parks / Water salary account at detailed to allow for prior year salary adjustments for Water Stipends approved in the current L495 contract.

Attachments

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

 
B.

Recommend that Sixteen Thousand Five Hundred Thirty Six Dollars And Thirty Two Cents ($16,536.32) be authorized for payment of a prior year expense from D.P.W. & Parks salary and overtime accounts as detailed to allow for a prior year salary adjustment.

Attachments

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

 
 

9.35

FINANCE
Loan Orders
A.

Recommend that the City Council rescind and replace the attached Loan Order from Golf Rehabilitation to Golf Infrastructure, as per the attached request.

Attachments

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

 
 

9.36

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting informational communication relative to an update of the Quality of Life Taskforce.

Attachments

Mayor Petty moved to table this under privilege. Tabled Under Privilege - Petty

 
10.

COMMUNICATION

10a.

Joseph E. Connarton, Executive Director of PERAC (Public Employee Retirement Administration Commission) transmitting communication regarding the amount appropriated for the city's retirement system for Fiscal Year 2020.

Attachments

Placed on file

 

11.

REPORTS OF THE PLANNING BOARD

11a.

REPORT OF THE PLANNING BOARD Upon the Petition of Robert Branca Jr. Manager of Branded Realty Group II, LLC request to rezone 8 aka 8 1/2 Washburn St. from RG-5 to BL-1.0, in connection with Petitioner's redevelopment of abandoned former Kelley Square Tire property adjacent to 590-610 Southbridge St.

Attachments

Accepted & Adopted

 

11b.

REPORT OF THE PLANNING BOARD Upon the Petition of Patsy M. Fantasia Jr. et al request to make public Marlboro St. from Plantation St. east.

Attachments

Referred to Public Works Committee

 

12.

TABLED ITEMS

12a.

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

 

12b.

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

 

13.

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

13a.

Motion Bergman @ #7a CC - 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.

Attachments

Order adopted

 

13b.

Motion Wally @ #7a CC - 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.

Attachments

Order denied on a roll call vote of 3 Yeas and 8 Nays (Yeas - Toomey, Wally, Petty) (Nays - Bergman, King, Lukes, Mero-Carlson, Rivera, Rose, Rosen, Russell)

 

13c.

Motion Rose @ #7a CC - 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.

Attachments

Order denied on a roll call vote of 5 Yeas and 6 Nays (Yeas - Rivera, Rose, Toomey, Wally, Petty) (Nays - Bergman, King, Lukes, Mero-Carlson, Rosen, Russell)

 

13d.

Motion Lukes @ #7a CC - 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.

Attachments

Order adopted on a roll call vote of 6 Yeas and 5 Nays (Yeas - Bergman, King, Lukes, Mero-Carlson, Rosen, Russell) (Nays - Rivera, Rose, Toomey, Wally, Petty)

 

13e.

Motion Toomey @ #7a CC - 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.

Not put

 

13f.

Motion Petty @ #7a CC - Request City Manager consider applying revenue earned from the sale of recreational marijuana to reducing taxes.

Attachments

Order adopted

 

13g.

Motion King @ #9.33A CM – Request City Manager provide City Council with an update concerning how the expansion of middle school sports programs including volleyball have been received.

Attachments

Order adopted

 

13h.

Motion Mero-Carlson @ #9.33A CM – Request City Manager provide City Council with a report concerning typical salaries for City Council support staff.

Attachments

Order adopted

 

13i.

Motion Wally @ #9.5A CM – Request City Manager provide City Council with a long range plan to deal with icy conditions in Flagg St.

Attachments

Order adopted

 

13j.

Motion Lukes @ #9.32C CM – 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.

Attachments

Order adopted

 

13k.

Motion Bergman – Suspension of Rules – 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.

Attachments

Order adopted