CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 24, 2020

Levi Lincoln (North) Chamber

Convened: 6:33 P.M.

Adjourned: 8:57 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

MOMENT OF SILENCE in memory of Paul Mahoney, who passed away November 11, 2020 at the age of 93. Mr. Mahoney worked at the Department of Public Works – Water Operations for fifty-two (52) years, retiring in 2002. Mr. Mahoney was best known for his amazing memory of all things related to Worcester’s water distribution system and also made sketches of water system layouts on the back of gate and service cards that are still relied on today.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of November 10, 2020.

Mayor Petty read the item and recognized the following speakers: 1. Douglas Quattrochi, Worcester resident, spoke in opposition to items #10d CC and #10e CC 2. Etel Haxhiaj, Worcester resident, spoke in favor of items #10d CC and #10e CC 3. Laurian Banciulescu, Worcester resident, spoke in opposition to items #10d CC and #10e CC 4. Yenni Deroches, Worcester resident, spoke in favor of items #10d CC, #10e CC and #10f CC

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

COMMUNICATION of the City Manager transmitting informational communication relative to a report concerning what, if any, process is used to identify properties whose tax-exempt status should be removed due to lack of use beyond three (3) years for a religious and/or educational purpose. (Tabled Under Privilege - Mero-Carlson November 10, 2020 and November 17, 2020)

Rhonda Miller request the handicap parking space in front of 27 Wawecus Rd. be removed.

Thomas Xhupi request a "No Parking from Here to Corner" sign be installed on Merrick St. at the intersection with Pleasant St. on the side of Cool-Licks Ice Cream (325 Pleasant St.) building next to the "30 Minute Parking" sign.

Annabelle Rios Nater request handicap parking space be installed in front of 45 Sigel St.

NATIONAL GRID for a conduit location at: HENCHMAN ST., LINCOLN ST., NORTHAMPTON ST., FREDERICK ST.

NATIONAL GRID for a conduit location at: BROOKS ST.

CHARTER COMMUNICATIONS for a conduit location at: GROVE ST.

Transmitting informational communication relative to the reappoinment of Joseph Carlson to the Worcester Housing Authority.

Transmitting informational communication relative to the appointment of Silvana Boaheng to the Worcester Arts Council with a term to expire on December 31, 2023.

Recommend adoption of an Order to grant exemptions to five (5) snow plow contractors that are also City employees.

Transmitting informational communication relative to public outreach for Winter Parking Bans.

Transmitting informational communication relative to a report concerning the 2020 Recreation Worcester Summer Program.

Transmitting informational communication relative to changes to the Massachusetts Public Records Law that went into effect in January 2017.

Transmitting informational communication relative to tax-exempt properties in the City of Worcester.

Transmitting informational communication regarding a presentation made to the City Council Municipal & Legislative Operations Standing Committee at its meeting of Monday, November 16, 2020.

Transmitting informational communication relative to the Fiscal Year 2021 Tax Classification package.

Transmitting informational communication relative to the Fiscal Year 2021 financial update, as of October 31, 2020.

Transmitting informational communication regarding the replacement of the City's Enterprise Resource Planning (ERP) System project.

Recommend that One Hundred Twenty Five Thousand Dollars And No Cents ($125,000.00) be transferred from Loan Account #91C7113X, Tatnuck Magnet MSBA, and be appropriated to DPW Account #41C75908, Tatnuck Magnet School, to allow for current and future obligations associated with this project to be met.

Recommend that One Hundred Ten Thousand Dollars And No Cents ($110,000.00) be transferred from Loan Account #91C7113W, Vernon Hill MSBA, and be appropriated to DPW Account #41C75907, Vernon Hill School, to allow for current and anticipated obligations associated with the project to be met.

Recommend that Sixty Five Thousand Dollars And No Cents ($65,000.00) be transferred from Loan Account #91C7113Z, Lincoln Street MSBA, and be appropriated to DPW Account #41C75910, Lincoln Street School, to allow for current and anticipated obligations to be met.

Recommend that One Hundred Fifteen Thousand Dollars And No Cents ($115,000.00) be transferred from Loan Account #91C7113Y, East Middle MSBA, and be appropriated to DPW Account #41C75909, Worcester East Middle School, to allow for the current and anticipated obligations for this project to be met.

Recommend adoption of a resolution to file and accept a grant from the Massachusetts Department of Public Health - Bureau of Substance Abuse Services through the MASSCALL 3 substance use prevention grant program in an amount up to One Million Dollars and No Cents ($1,000,000.00).

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Hundred Thousand Dollars And No Cents ($100,000.00) from the Massachusetts Department of Public Health, for COVID 19 response activities within the City of Worcester through December 31, 2020.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Five Thousand Dollars And No Cents ($5,000.00) from The Hartford Financial Services Group, for the purchase of CO and Photoelectric Smoke Alarms.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Seven Thousand Five Hundred Dollars And No Cents ($7,500.00) from Digital Federal Credit Union, for purchase of equipment, technology or programs.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Four Thousand Dollars And No Cents ($4,000.00) from Greater Worcester Community Foundation under the FY21 Youth for Community Improvement program.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Ten Thousand Dollars And No Cents ($10,000.00) from Greater Worcester Community Foundation for the Worcester Arts Council funding of Fellowships in FY21.

Recommend adoption of a resolution to accept with gratitude donations in the amount of Fifty Thousand Dollars And No Cents ($50,000.00) from Worcester Business Development Corporation ($25,000.00), Fidelity Bank ($15,000.00) and UniBank ($10,000.00) for the City’s COVID-19 Small Business Resiliency Grant Program.

Recommend adoption of the attached adjustments required to finalize the Fiscal Year 2021 budget, including a recommendation that Eighteen Million Eight Hundred Twenty Six Thousand Seven Hundred Seventy One Dollars And No Cents ($18,826,771.00) be appropriated to finalize the Fiscal Year 2021 annual budget based on changes in the State Cherry Sheet, that Ten Million Two Hundred Fifty Four Thousand One Hundred Thirty Eight Dollars And No Cents ($10,254,138.00) be appropriated to finalize the Fiscal Year 2021 annual budget with the Fiscal Year 2020 certified free cash, and that Two Million Fifty Two Thousand Seven Hundred Twenty Three Dollars And No Cents ($2,052,723.00) be appropriated to distribute Additional New Growth.

Recommend that Twenty Eight Thousand Four Hundred Ninety Five Dollars And Forty Five Cents ($28,495.45) be authorized in various DPW ordinary maintenance accounts to allow for the payment of prior year invoices.

COMMUNICATION of the City Manager transmitting informational communication relative to a report indicating how much revenue identified as "community impact fees" has been received from marijuana businesses. (Tabled Under Privilege - Mero-Carlson November 10, 2020 and November 17, 2020)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager provide City Council with a report concerning how the CSX funds were expended, the current available funds, and what to expect in the future. (Tabled Under Privilege - Mero-Carlson November 17, 2020)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Auditor provide City Council with a report concerning the amount of monies associated with the city's account associated with CSX, including information relative to the current balance in the account. (Tabled Under Privilege - Mero-Carlson November 17, 2020)

ORDER of Councilor Morris A. Bergman – That Councilor Sarai Rivera, Councilor Sean M. Rose, Mayor Joseph M. Petty and Councilor Khrystian E. King’s Resolution relative to reinstituting the moratorium on foreclosures and evictions, originally introduced as item #11a CC on November 17, 2020, be adopted as amended to read as follows: “That the City Council of the City of Worcester, in recognition of the dual health crisis of the COVID-19 pandemic further exacerbated by the health crisis of structural racism, does hereby call upon our Legislature and Governor to reinstitute the moratorium on foreclosures and to amend Massachusetts General Law Chapter 239 Section 7 as it relates to nonpayment of rent and COVID-19 related evictions. (Tabled Under Privilege - Petty November 17, 2020)

RESOLUTION of Councilor Sarai Rivera, Councilor Sean M. Rose, Mayor Joseph M. Petty and Councilor Khrystian E. King - That the City Council of the City of Worcester, in recognition of the dual health crisis of the COVID-19 pandemic further exacerbated by the health crisis of structural racism, does hereby call upon our Legislature and Governor to reinstitute the moratorium on foreclosures and evictions. (Tabled Under Privilege - Petty November 17, 2020)

RESOLUTION of Councilor Khrystian E. King – That the City Council of the City of Worcester does hereby apprise its federal partners of its support for them to continue fighting for COVID-19 stimulus relief. (Tabled Under Privilege - Petty November 17, 2020)

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)

ORDER of Councilor George J. Russell, Councilor Sarai Rivera, Councilor Gary Rosen, Councilor Konstantina B. Lukes, Councilor Khrystian E. King and Councilor Candy Mero-Carlson - Request City Council have the City Council Standing Committees on Public Works and Municipal Operations conduct a joint meeting about the future recommended staffing of the City Council office as well as logistics for office space for staff and City Council. Further, request the joint committee discuss potential recommendations regarding the job description and role of the City Council staff persons and further, encourage other City Councilors who are not members of the joint committee to attend and be included in the conversation. (Tabled - Petty February 26, 2019)

COMMUNICATION of the City Manger transmitting informational communication relative to a legal opinion as to the jurisdiction of office space and facilities within City Hall. (Tabled Under Privilege - Mero-Carlson March 12, 2019; Tabled Under Privilege - Petty March 19, 2019 and Tabled - Petty March 26, 2019)

ORDER of Councilor Konstantina B. Lukes - Request City Manager request City Solicitor provide City Council with a legal opinion regarding the process of instituting a residential rent control program and the resulting impact of implementing such a program. (Tabled Under Privilege - Lukes September 17, 2019 and September 24, 2019 and Tabled - Lukes October 15, 2019)

ORDER of Councilor Kathleen M. Toomey - In light of recent events, request City Manager consider establishing a process to inspect rental apartments, which would help to confirm structural changes are done to the standards set by Inspectional Services, in the interest of public service. Further, request City Manager provide City Council with a recommendation as to how often these inspections should take place. (Tabled - King December 17, 2019)

REPORT OF THE COMMITTEE ON VETERANS' MEMORIALS, PARKS AND RECREATION Upon the Petition of Councilor Candy Mero-Carlson request restoration and relocation of the Sullivan Memorial located in Melrose St. to a location approximately 50 feet north of its current location: recommend adoption of the accompanying Order. (Tabled Under Privilege - Mero-Carlson April 21, 2020 and April 28, 2020 and Tabled - Mero-Carlson May 5, 2020)

RESOLUTION of Councilor Morris A. Bergman, Councilor Sean M. Rose and Councilor Candy Mero-Carlson - That the Worcester City Council urges our State Delegation and others to pursue the naming in 2020 of the Worcester District Courthouse the “Sarah E. Wall Courthouse”. (Tabled Under Privilege - Bergman June 2, 2020 and June 9, 2020 - Petty and Tabled - Russell June 16, 2020)

COMMUNICATION of Stephen Herzog, Project Manager at Wood Environment & Infrastructure Solutions, Inc., on behalf of CSX Transportation, Inc. transmitting an informational communication relative to the application of herbicide on the railroad. (Tabled Under Privilege - Petty June 9, 2020 and Tabled - Russell June 16, 2020)

ORDER of Councilor Candy Mero-Carlson, Councilor Kathleen M. Toomey, Councilor Sean M. Rose, Councilor Morris A. Bergman, Councilor Matthew E. Wally, Councilor George J. Russell, Councilor Donna M. Colorio, Councilor Gary Rosen and Mayor Joseph M. Petty - Request City Manager support the (re)opening of the City’s licensed cigar and hookah lounges and for the state to amend the classification of these establishments. These establishments can, and should, fit under the guise and parameters set forth as restaurants as they have or will have a common ViC license. (Tabled Under Privilege - Rivera September 8, 2020 and Tabled Under Privilege - Mero-Carlson September 15, 2020 and Tabled - Mero-Carlson September 22, 2020)

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with a report concerning what foreign objects have been taken out of Hillside Beach at Coes Pond. – Item #16a CC Order adopted on a roll call vote of 11 Yeas and 0 Nays.

ORDER of Councilor Khrystian E. King – Request City Manager trim back the overgrowth on beach side of Hillside Beach at Coes Pond. – Item #16b CC Order adopted on a roll call vote of 11 Yeas and 0 Nays.

ORDER of Councilor Donna M. Colorio – Request City Manager provide City Council with a report concerning how members of a task force relative to assisting in the master planning for Duffy Field will be selected. – Item #16c CC Order adopted on a roll call vote of 11 Yeas and 0 Nays.

ORDER of Councilor Donna M. Colorio – Request City Manager provide City Council with a report concerning the measureable outcomes associated with a task force created for the purpose of assisting in the master planning for Duffy Field. – Item #16d CC Order adopted on a roll call vote of 11 Yeas and 0 Nays.

ORDER of Councilor Morris A. Bergman – Request City Manager provide City Council with a report detailing the parameters and property lines of Duffy Field. – Item #16e CC Order adopted on a roll call vote of 11 Yeas and 0 Nays.

RESOLUTION of Councilor Khrystian E. King – That the City Council of the City of Worcester does hereby apprise its federal partners of its support for them to continue fighting for COVID-19 stimulus relief. – Item #16f CC Tabled Under Privilege – Petty

ORDER of Councilor Morris A. Bergman – That Councilor Sarai Rivera, Councilor Sean M. Rose, Mayor Joseph M. Petty and Councilor Khrystian E. King’s Resolution relative to reinstituting the moratorium on foreclosures and evictions, item #11a CC on November 17, 2020, be adopted as amended to read as follows: “That the City Council of the City of Worcester, in recognition of the dual health crisis of the COVID-19 pandemic further exacerbated by the health crisis of structural racism, does hereby call upon our Legislature and Governor to reinstitute the moratorium on foreclosures and to amend Massachusetts General Law Chapter 239 Section 7 as it relates to nonpayment of rent and COVID-19 related evictions. – Item #16g CC Tabled Under Privilege – Petty

ORDER of Councilor Khrystian E. King – Request City Manager request City Solicitor provide City Council with an overview of M.G.L. Chapter 239 Section 7. – Item #16h CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with a report concerning properties that were previously tax-exempt that should no longer be considered as such and are not meeting their tax obligations and commitments. – Item #16i CC Order adopted on a roll call vote of 10 Yeas and 0 Nays

ORDER of Councilor Kathleen M. Toomey – Request City Manager work with the Department of Revenue to provide City Council with a report concerning the rules and regulations concerning the circumstances surrounding making a property tax-exempt. – Item #16j CC Order adopted on a roll call vote of 10 Yeas and 0 Nays

Motion Colorio @ #7a CC – Request City Manager request City Assessor provide City Council with a list of non-profit organizations that were converted back to a for-profit status in the last five (5) years.

Motion King @ #7a CC – Request City Manager request City Assessor provide City Council with a report determining whether any non-profit or religious institutions had their tax-exempt status wrongfully revoked.

Motion Russell @ #7a CC – Request City Manager request City Assessor report to City Council concerning any properties the department has added to the tax roll that were initially tax-exempt through findings made during their research both in the field and in their office.

Motion Russell @ #7a CC – Request City Manager consider working with the City Assessor to determine the appropriateness of requesting a Change of Use Permit through the Inspectional Services Department as a means to determine the correct taxes that should be associated with properties, as well as in the interest of public safety. Further, request City Manager provide City Council with a report concerning how the aforementioned action could be done or whether such an action is already occurring.

Motion Petty @ #9.27C CM – That the City Council recommends that the License Commission consider the following changes in License Commission fees for Calendar Year 2021: A) 50% reduction in on-premises liquor license renewal fees; B) 100% reduction in entertainment license renewal fees and; C) For establishments that have remained closed under Governor Baker's reopening plan, a 90-day deferral of the payment due date.

Motion Russell @ #9.27C CM – Request City Manager provide City Council with an email containing the information relative to the FY 2021 Tax Classification package with headers on each page.

Motion Bergman @ #9.27C CM – Request City Manager consider including the assessments of the city’s properties on the city’s website prior to the Tax Classification Hearing.