CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 28, 2017

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 7:30 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 Khrystian E. King
Konstantina B. Lukes Candy Mero-Carlson City Clerk
Susan M. Ledoux
Sarai Rivera Gary Rosen
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

INVOCATION - Reverend Milad Selim, St. George Antiochian Orthodox Cathedral

2.

PLEDGE OF ALLEGIANCE & STAR SPANGLED BANNER

3.

ROLL CALL - All present with the Mayor as the Chair except for Councilor Gaffney.

4.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

4a.

Mayor Petty recognized the college students from Worcester State University, Regis College and WPI, who were in attendance at the City Council meeting.

 

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 14, 2017.

Attachments

Order adopted

 

6.

PUBLIC PARTICIPATION

6a.

Mayor Petty recognized the following speaker:
1. Idella Hazard, Worcester resident

 

7.

TAX CLASSIFICATION HEARING

7a.

Hearing: To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2018.

Councilor Lukes moved to Table the Item Under Privilege. Hearing scheduled to take place December 5, 2017.

 

7b.

COMMUNICATION of the City Manager transmitting informational communication relative to the Fiscal Year 2018 Tax Classification.

Attachments

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

 

7c.

COMMUNICATION of the City Manager respectfully submits the following information communication relative to the updated FY18 Tax Classification package.

Attachments

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

 

8.

PETITIONS

8a.

Dr. Attiat Ott request the cutting or trimming of the limbs of the tree at 262 Salisbury St.

Attachments

Referred to the Department of Public Works and Parks

 

8b.

Philip O'Connell Jr. Attorney on behalf of Somar Investments Properties LLC request City of Worcester abandon and discontinue its use of a portion of Chino Ave. and Boylston St., public ways, as a portion of a building at 8 & 8A Boylston St. owned by Somar Investments Properties LLC, encroaches on said property.

Attachments

Referred to Planning Board

 

8c.

Ude Onowuka request installation of a handicap parking space in front of 16 Montrose St.

Attachments

Referred to Traffic and Parking Committee

 

8d.

Ude Onwuka request to remove handicap parking space in front of 165 Austin St.

Attachments

Referred to Traffic and Parking Committee

 

8e.

Rita Bartley request installation of a handicap parking space in front of 19 Judson Rd.

Attachments

Referred to Traffic and Parking Committee

 

8f.

Kelsey Cummings request installation of a crosswalk in front of 138 &139 Green St.

Attachments

Referred to Traffic and Parking Committee

 

8g.

Arthur LeDoux et al request installation of a traffic mirror across from 205 Lake Ave. to help when exiting the driveway.

Attachments

Referred to Traffic and Parking Committee

 

8h.

Arthur LeDoux et al request installation of a "Blind Driveway" sign in front of 217 Lake Ave. North.

Attachments

Referred to Traffic and Parking Committee

 

8i.

Dr. Attiat Ott request speed limits signage be installed on Salisbury St. between Park Ave. and Forest St.

Attachments

Referred to Traffic and Parking Committee

 

8j.

Dr. Attiat Ott request installation of a "Blind Driveway" sign in front of 262 Salisbury St.

Attachments

Referred to Traffic and Parking Committee

 

8k.

Richard Sheppard request installation of handicap parking space in vicinity of 26 Vinson St.

Attachments

Referred to Traffic and Parking Committee

 

8l.

William S. Coleman III request an opportunity to address the City Council and thank them and the City Administration for their effort to re-establish the Worcester Citizens of Color WWII Honor Roll and to invite all of our City residents to attend the rededication ceremony to be held December 7, 2017 at 11:00 AM at Lincoln Square.

Attachments

Petitioner spoke and Placed on file

 

9.

COMMUNICATIONS OF THE CITY MANAGER

 

9.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting informational communication relative to the appointment of Nancy Greenberg to the Elder Affairs Commission.

Attachments

Placed on file

 
B.

Transmitting informational communication relative to the appointment of Patrick Lowe to the Civic Center Commission.

Attachments

Placed on file

 
 

9.2

APPOINTMENTS
City Council Confirmation
 

9.3

DEPARTMENT OF HUMAN RESOURCES
 

9.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Recommend adoption of an Order relative to the Worcester County Courthouse Conveyance to Trinity Financial.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent). Mayor Petty moved for reconsideration. Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Gaffney absent).

 
 

9.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Recommend approval to rescind sewer assessments on Luther Avenue, Phoebe Way, Havana Road and Wendover Road.

Attachments

(4) Orders adopted on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 
 

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 Construction Progress Report for the month ending October 31, 2017.

Attachments

Referred to Public Works Committee

 
B.

Transmitting informational communication relative to the Winter Parking Ban Public Outreach.

Attachments

Placed on file

 
 

9.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

9.9

FIRE DEPARTMENT
 

9.10

POLICE DEPARTMENT
 

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
A.

Transmitting informational communication relative to the tax assessment tables showing how decreases in the budget would impact lines 210-247.

Attachments

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

 
B.

Recommend adoption of an order to enact the Double Elderly Abatement Program to provide elderly homeowners with One Thousand Four Hundred Dollars and No Cents ($1,400.00) in property tax relief for Fiscal 2018.

Attachments

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

 
C.

Transmitting updated tax assessment information relative to the fiscal year 2018 determination of assessed valuations for all real and personal property.Refer to CCM Item 9.33E

Attachments

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

 
 

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 Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account #91C780E, School Capital Equipment, to Account #50C702, School Capital Equipment. This transfer will provide funding for various school capital equipment, such as laptops that were previously approved in the FY18 Capital Improvement Plan.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 
B.

Recommend that the total of One Million Seven Thousand Nine Hundred Nine Dollars And No Cents ($1,007,909.00) be transferred from Account #75C504, DCU Special District, to Account #75C701, Civic Center Capital Equipment ($105,973.91), and Account #75C702, Civic Center Rehab ($901,935.09). This transfer will provide funds for the DCU Wi-Fi Project, and for design work for an upgraded electric vault and new boiler. These projects were previously approved by City Council in the FY17 and FY18 Capital Improvement Plan.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 
C.

Recommend that Twenty Eight Thousand Two Hundred Sixty Nine Dollars And No Cents ($28,269.00) be transferred from Loan Account #91C734A, Sewer Capital Equipment, and be appropriated to DPW Account #44C704, Sewer Capital Equipment, to allow for the payment of this budgeted and approved vehicle.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 
 

9.32

FINANCE ITEMS
Grants and Donations
A.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) from the Massachusetts Department of Public Health, under the Worcester Division of Public Health Tobacco Control program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 
B.

Recommend adoption of a resolution to accept with gratitude a donation valued at Five Thousand One Hundred Seventy Five Dollars and No Cents ($5,175.00) from the Anti-Defamation League for the Chief of Police to attend a counter-terrorism training seminar in Israel in December 2017.

Attachments

Resolution adopted with gratitude on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 
C.

Recommend adoption of a resolution to accept with gratitude several donations totaling One Thousand Six Hundred Seventy Five Dollars And No Cents ($1,675.00) from the residents and staff of Notre Dame Health Care Center for the Worcester Police canine unit.

Attachments

Resolution adopted with gratitude on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 
D.

Recommend adoption of a resolution to accept with gratitude a donation of paid travel-related expenses, with an estimated value of One Thousand Nine Hundred Dollars and No Cents ($1,900.00) from the Americans for the Arts ("AFTA") for the City of Worcester's Cultural Development Officer.

Attachments

Resolution adopted with gratitude on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 
E.

Recommend adoption a resolution to apply for, accept and expend funds from the AMP it up! 18 grant, administered by MassDevelopment. The total award amount for this funding opportunity is Ten Thousand Dollars and No Cents ($10,000.00).

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 
 

9.33

FINANCE ITEMS
Operational Transfers
A.

Recommend that One Thousand Two Hundred Dollars And No Cents ($1,200.00) be transferred from Account #14SSED43, CDBG Economic Development Salary & Fringe, and be appropriated to Account #14SEOM43, CDBG Economic Development Ordinary Maintenance, to fund anticipated ordinary maintenance costs associated with the administration of the City's CDBG entitlement grant through Fiscal 2018.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 
B.

Recommend that One Million Five Hundred Seventy Five Thousand Dollars And No Cents ($1,575,000.00) be transferred as described so as to provide sufficient funding for the Off-Street Program for the Second Quarter of Fiscal Year 2018.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 
C.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from DPW Account #411-92000, Snow - Ordinary Maintenance, and be appropriated to DPW Account #411-93000, Snow - Land Structures/Improvements, to allow for needed repairs to the Clark Street salt shed.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 
D.

Recommend that Three Thousand Seven Hundred Seventy Dollars And No Cents ($3,770.00) be transferred from Parks Account #720-92000, Parks Ordinary Maintenance, and be appropriated to Parks Account #720-93000, Parks Capital Outlay, to allow for the purchase and future payment of a storage container to store equipment off season.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 
E.

Recommend that Eight Million Eight Hundred Thirty Nine Thousand Six Hundred Forty Three Dollars And No Cents ($8,839,643.00) be transferred to finalize the City's Fiscal Year 2018 annual budget by appropriating the City's Fiscal Year 2017 certified free cash. Refer to CCM Item 9.25C

Attachments

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

 
 

9.34

FINANCE ITEMS
Prior Year
 

9.35

FINANCE
Loan Orders
A.

Recommend the adoption of a Loan Order in the amount of Thirteen Million Dollars And No Cents ($13,000,000.00) be appropriated to Account #91C7113L, MSBA Rehabilitation South High, to pay for costs associated with the design and construction manager for the MSBA South High Community School project at 170 Apricot Street.

Attachments

Voted to advertised proposed Loan Order on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 
 

9.36

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting informational communication relative to the activities of Discover Central Massachusetts.

Attachments

Referred to Economic Development Committee

 
10.

TO BE ORDAINED

10a.

Amending the Salary Ordinance of August 20, 1996 - Occupational Group A - Administrative and Supervisory (Emergency Preparedness Coordinator & Specialist) Amending the Salary Ordinance of August 20, 1996 - Occupational Group N - Police (Forensic Scientists)

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 

10b.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Rescind Handicap Parking in front of 14 Plantation St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 

10c.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 9 Plantation St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 

10d.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 19 Brantwood Rd.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 

10e.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 4 Mott St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 

10f.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking Adjacent To 563 Grafton St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 

10g.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 7 Ruth St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 

10h.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 69 Haven Lane

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 

10i.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Amend No Parking Anytime On Stafford St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Gaffney absent)

 

11.

TABLED ITEMS

11a.

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

 

11b.

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)

Attachments

No action taken

 

11c.

COMMUNICATION of the City Manager transmitting informational communication relative to the Brittan Square Parking Lot. (Tabled - Palmieri January 7, 2015 and January 13, 2015)

Attachments

No action taken

 

11d.

COMMUNICATION of the City Manager transmitting informational communication on a quarterly update relative to the City of Worcester’s plan to implement improved strategies and policies that better serve and represent our diverse community. (Tabled Under Privilege - Lukes January 26, 2016 and Tabled - Petty February 2, 2016)

Attachments

No action taken

 

11e.

COMMUNICATION of the City Manager transmitting informational communication relative to a list of the non-profit agencies who keep their properties on the tax rolls. (Tabled - Gaffney May 24, 2016)

Attachments

No action taken

 

11f.

COMMUNICATION of the City Manager transmitting informational communication relative to a report listing properties that have been converted from commercial or industrial to residential. (Tabled - Gaffney May 24, 2016)

Attachments

No action taken

 

11g.

COMMUNICATION of the City Manager transmitting communication responding to City Council inquiry requesting City Manager submit an estimated assessor's recap comparing the proposed FY 17 tax levy with the current real estate assessments and the FY 16 assessed values. (Tabled Under Privilege - Lukes June 14, 2016 and June 21, 2016 and Tabled - Lukes July 19, 2016)

Attachments

No action taken

 

11h.

COMMUNICATION of the City Manager transmitting informational communication relative to legislation to regulate and restrict non-profit organizations in residentially zoned districts. (Tabled Under Privilege - Bergman September 20, 2016 and September 27, 2016 and Tabled - Bergman October 4, 2016)

Attachments

No action taken

 

11i.

RESOLUTION of Councilor Konstantina B. Lukes - That the Worcester City Council does hereby support the initiation of negotiations by the WRA with MassPort or other entities regarding the feasibility of transferring Union Station as an intermodal transportation center to MassPort. The transfer concept is based upon the transfer of the Worcester Airport to MassPort and is necessitated by similar transportation and financial concerns that resulted in the conveyance of Worcester Airport to MassPort. (Tabled Under Privilege - Petty February 28, 2017- and Tabled - Lukes March 7, 2017)

Attachments

No action taken

 

11j.

COMMUNICATION of the City Manager transmitting informational communication relative to a City Solicitor's report concerning the wording of the ordinance voted by the Town of Westborough on March 7, 2017, which banned any recreational marijuana stores, farms or other related businesses in that Town and what, if any, would be the impact of the ordinance on medical marijuana businesses, personal consumption and limited home grown plants and further what is the process for the city to implement a such a ban on commercial, non-medical marijuana business. (Tabled - Lukes May 9. 2017)

Attachments

No action taken

 

11k.

HEARING & ORDER to grant permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC. for a joint or identical pole location at: ST. PAUL DRIVE (Tabled - Bergman May 23, 2017)

Attachments

No action taken

 

11l.

ORDER of Councilor Michael T. Gaffney - Request City Council, in Accordance with City Council Rule 52, to discharge from the Standing Committee on Public Safety the item referred to said committee on September 6, 2016 relative to a Communication of the City Manager transmitting communication regarding a draft ordinance relative to the smoking or consumption of marijuana or other drug in public, similar to the City Ordinance concerning drinking in public. (Tabled - Bergman May 23, 2017)

Attachments

No action taken

 

11m.

COMMUNICATION of the City Manager transmitting informational communication relative to the legality of changes in this year’s tax classification from residential to commercial of several assisted living facilities. (Tabled Under Privilege - Bergman June 20, 2017 and Tabled June 27, 2017 - Bergman)

Attachments

No action taken

 

11n.

ORDER of Councilor Konstantina B. Lukes - Request City Council to vote on an amount of dollars for tax relief for taxpayers prior to the election. (Tabled Under Privilege - Economou October 24, 2017, Tabled Under Privilege - Toomey October 31, 2017 and Tabled - Petty November 14, 2017)

Attachments

No action taken

 

11o.

ORDER of Mayor Joseph M. Petty - Request City Manager, while creating a master plan for Lake Quinsigamond, consider the feasibility of building a community rowing center which can include space for both Worcester Fire and Worcester Police Departments boats. (Tabled Under Privilege - Petty November 14, 2017 and Tabled - Petty November 21, 2017)

Attachments

No action taken

 

12.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the November 21, 2017 City Council meeting.

12a.

COMMUNICATION of the City Manager respectfully submits following information communication relative to the updated FY18 Tax Classification package. – Item #16a – Held for the Tax Classification Hearing set for November 28, 2017

 

12b.

ORDER of Councilor Tony Economou – Request Police Chief provide speed enforcement in the vicinity of 137 Quinapoxet Lane. – Item #16b Order adopted

 

12c.

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with information concerning ordinances not allowing people to leave the area after hitting an animal. – Item #16c Order adopted

 

12d.

PETITION of Councilor George J. Russell and Councilor Candy Mero-Carlson on behalf of Joan Goodlight request tree removal in the vicinity of 193 Delmont Ave. – Item #16d Referred to the Department of Public Works and Parks

 

13.

NEW BUSINESS UNDER SUSPENSION OF RULES - Item brought forth under suspension at the November 28, 2017 City Council meeting.

13a.

Motion Toomey @ #9.7B CM – Request City Manager consider using the Reverse-911 system to educate residents of Worcester concerning AlertWorcester and the information it provides each time a Winter Parking Ban is in effect.

Attachments

Order adopted

 

13b.

Motion Lukes @ #9.32A CM – Request City Manager provide City Council with a report concerning whether funding received from a grant from Massachusetts Department of Public Health, under the Worcester Division of Public Health Tobacco Control could be used for Infant Mortality Rate resources.

Attachments

Order adopted