CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 15, 2020

Levi Lincoln (North) Chamber

Convened: 6:36 P.M.

Recessed to Executive Session: 7:06 P.M. Reconvened in Open Session: 7:57 P.M. Adjourned: 11:16 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 Ronald “Scotty” Scott, who passed away September 10, 2020 at the age of 68 and Dennis Budd, who passed away August 20, 2020 at the age of 72. Mr. Scott was a community advocate, serving on many youth and community boards and Mr. Budd was a retired Worcester Fire Department Chief, who led the department through the Worcester Cold Storage and Warehouse Co. Fire in 1999.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of August 11, 2020.

Mayor Petty read the item and recognized the following speakers: 1. Carl Leong, Worcester resident, spoke in favor of item #13n CC 2. Kathy Roy, Worcester resident, spoke in favor of items #13e CC and #13n CC 3. John Rogers, Worcester resident, spoke in opposition to items #13d CC and #13h CC 4. Marie Brouliette, Worcester resident, spoke in opposition to item #7a CC 5. Ted Kostas, Worcester resident, spoke in favor of item #13e CC 6. Matt Whitlock, Worcester resident, spoke in favor of item #13h CC and in opposition to items #13i CC, #13j CC and #13k CC 7. Marcel Blais, Worcester resident, spoke in favor of #10h CC 8. John Mishtuk, Worcester resident, spoke in favor of #13n CC 9. Zachery Leighton, Worcester resident, spoke in favor of #13a CC 10. Carlos Perez, Worcester resident, spoke in favor of items #13i CC, #13j CC, #13k CC and #13n CC 11. Will Raymond, Worcester resident, spoke in favor of #10c CC 12. Etel Haxhiaj, Worcester resident, spoke neither in favor or opposed to #13n CC 13. Alex Corrales, Worcester resident, spoke neither in favor of opposed to #13n CC

ORDER of Mayor Joseph M. Petty – That the City Council convene in Executive Session at the September 15, 2020 meeting for the purpose of discussing strategy with respect to contract negotiations with I.B.P.O. Local 504, Worcester's Police Officials.

Hearing: NATIONAL GRID for a conduit location at: PLYMOUTH ST., SUMMIT ST. EXT., GOLD ST. Granting permission to NATIONAL GRID for a conduit location at: PLYMOUTH ST., SUMMIT ST. EXT., GOLD ST.

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

Hearing: CHARTER COMMUNICATIONS for a conduit location at: MAIN ST. Granting permission to CHARTER COMMUNICATIONS for a conduit location at: MAIN ST.

Councilor Sean M. Rose on behalf of Joanne Lee request Nelson Park Dr. be repaved.

Councilor George J. Russell on behalf of Deb Cary, Community Advocacy and Engagement Manager of Mass Audubon, request installation of a streetlight at the end of Dunkirk Ave., in the vicinity of the City of Worcester’s DPW Dunkirk Ave. Pump Station, located at 76 Dunkirk Ave.

Councilor George J. Russell on behalf of Sarah Stillman request the installation of resident permit parking on the even side of Euclid Ave. from Vernon St. to its intersection with Sterling St.

Councilor George J. Russell on behalf of Joanne Troiano request installation of a stop sign at the beginning of the entrance to Sunderland Rd. from Short St.

Councilor George J. Russell on behalf of Joanne Troiano request Short St. be made a one-way street going from Massasoit Rd. down towards Sunderland Rd.

NATIONAL GRID for a conduit location at: BEVERLY RD.

NATIONAL GRID for a conduit location at: PLEASANT ST.

CROWN CASTLE NG EAST, LLC for a conduit location at: MAY ST.

Request City Clerk provide the City Council with a report detailing the process for implementing a ranked-choice voting system for future municipal elections in Worcester. Further, request City Clerk include in said report an estimate on what additional resources (staffing, budgetary) would be needed. Further, request City Clerk include information relative to any legislation currently in the State House related to ranked choice voting for Massachusetts municipalities elections. (Wally)

Request City Manager provide City Council with a report indicating how much revenue identified as “community impact fees” has been received from marijuana businesses. Further, request City Manager include in said report how that money has been used to mitigate the costs imposed upon Worcester by the operations of marijuana businesses. (Wally)

Request City Manager, Mayor and City Council consider organizing and supporting the formation of a Stop the Drop anti-littering/anti-dumping campaign to prevent and remove tons of unsightly, unhealthy and unsafe litter and trash strewn throughout the city. This campaign, a vehicle for long-term sustainable change, should be led by a Task Force that would enlist the volunteer assistance of, among others, the city's seven major colleges and universities, neighborhood associations, public, private and parochial schools, youth organizations, churches, synagogues and mosques, local businesses and merchants associations, veterans groups, various city departments, Casella Waste Systems, the Worcester County Sheriff’s Department Community Service Program and local media. (Rosen)

Request City Manager address the possibility of increased homelessness if the “Eviction and Foreclosure Moratorium” is not extended beyond October 17, 2020. (Petty)

Request City Manager consider expanding the Keep Worcester Clean program by organizing a volunteer program to pick up trash, which targets certain streets. Clean streets have important benefits for our wellbeing and our environment. (Colorio)

Request City Manager provide City Council with an update on a previously approved Order on May 19, 2020 relative to any penalties that would be incurred by the city if Polar Park is not prepared to open in the spring of 2021. (Colorio)

Request City Manager provide suggestions to City Council concerning how to improve accountability to the current noise ordinance. (Rose)

Request City Manager request City Solicitor provide City Council with a legal opinion and recommendations for working with the state of Massachusetts to eliminate or decrease the use of jet skis on Indian Lake. (Rose, Mero-Carlson)

Request City Manager consider implementing whatever portions of the previously proposed Comprehensive Clean City Program that can be accomplished without major impact on the city's current budget. For example, the textile collection program, which would not cost the city anything, should be implemented. (Russell)

Request City Manager create a program to encourages all city employees and residents to call in complaints to customer service about trash and litter on streets and private property. (Russell)

Request City Manager consider conducting another round of public education about what can be recycled and what should go in yellow bags. Said round of public education should include information explaining privately purchased bins that are acceptable. Further, request City Manager provide City Council with a report as to availability of State and/or Federal funds available for the purpose of advertising recycling. (Russell)

REPORT OF THE PLANNING BOARD Upon the Petition of Leonid Turchinsky request to amend the Worcester Zoning Map to include 84 Lamartine St., 90 Lamartine St. and 91 Lamartine St. within the Adaptive Reuse Overlay District.

REPORT OF THE PLANNING BOARD Upon the Petition of James Gamble et al. request Beckland St. be converted from a private street to a public street.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager recommend referral of communication relative to a decree as public, an extension of hospital drive and related easements.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting informational communication relative to the COVID-19 Small Business Resiliency Grant Program.: recommend Communication be placed on file.

REPORT OF THE PLANNING BOARD Upon the Petition of Zachery K. Leighton request Oleum Ct. be named Motley Crew Way. (Tabled Under Privilege - Bergman August 11, 2020 and Tabled Under Privilege - Russell September 8, 2020)

ORDER of Councilor Khrystian E. King - Request City Manager work with the Police Chief to restrict the use of chemical crowd control agents and kinetic impact weapons. (Tabled Under Privilege - King August 11, 2020 and Tabled Under Privilege - Russell September 8, 2020)

ORDER of Councilor Khrystian E. King and Councilor Sarai Rivera - Request City Manager amend the hiring processes associated with civil service requirements in promotional exams of public safety officers, in an attempt to further diversify the positions. (Tabled Under Privilege - King August 11, 2020 and Tabled Under Privilege - Russell September 8, 2020)

ORDER of Councilor Sarai Rivera - Request City Manager work with the Police Chief to provide City Council with a report relative to actions necessary to require all police officers take out liability insurance throughout their employment. (Tabled Under Privilege - Mero-Carlson August 11, 2020 and Tabled Under Privilege - Russell September 8, 2020)

ORDER of Councilor Candy Mero-Carlson - Request City Manager provide City Council with a report as to when district City Councilors will be able to select the streets where speed humps will be installed in their district as part of the previously approved Speed Hump Pilot Program. Further, request City Manager include in said report a date for when the Speed Hump Pilot Program will be initiated. (Tabled Under Privilege - Petty August 11, 2020 and Tabled Under Privilege - Russell September 8, 2020)

ORDER of Councilor Donna M. Colorio - Request City Manager set an executive session for the City Council, along with the Chief of Police, to discuss public safety. (Tabled Under Privilege - Petty August 11, 2020 and Tabled Under Privilege - Russell September 8, 2020)

RESOLUTION of Councilor Khrystian E. King and Councilor Sean M. Rose - That the City Council of the City of Worcester does hereby commend the Worcester delegation for taking action to address racial inequity and police brutality. Further, that the City Council of the City of Worcester does hereby support continuing to direct resources to combat racism as a public health and public safety emergency. (Tabled Under Privilege - Toomey August 11, 2020 and Tabled Under Privilege - Russell September 8, 2020)

RESOLUTION of Councilor Khrystian E. King - That the City Council of the City of Worcester does hereby support H.R. 7120, George Floyd Justice in Policing Act of 2020, co-sponsored by Massachusetts Representatives Katherine M. Clark, Joseph P. Kennedy, III., Stephen F. Lynch, James P. McGovern, Richard E. Neal, Lori Trahan, Seth Moulton, Ayanna Pressley and William R. Keating, along with the companion bill S. 3912, the Justice in Policing Act 2020 co-sponsored by Massachusetts Senators Edward J. Markey and Elizabeth A. Warren. (Tabled Under Privilege - Colorio August 11, 2020 and Tabled Under Privilege - Russell September 8, 2020)

ORDER of Councilor George J. Russell – That Councilor Sean M. Rose, Councilor Gary Rosen, Councilor George J. Russell, Councilor Candy Mero-Carlson, Councilor Morris A. Bergman, Councilor Donna M. Colorio, Mayor Joseph M. Petty, Councilor Matthew E. Wally, Councilor Kathleen M. Toomey and Councilor Sarai Rivera's Order relative to initiating a permanent body camera program be adopted as amended by removing the words, “including new growth monies.” (Tabled Under Privilege - Russell August 11, 2020 and Tabled Under Privilege - Russell September 8, 2020)

ORDER of Councilor Khrystian E. King – That Councilor Sean M. Rose, Councilor Gary Rosen, Councilor George J. Russell, Councilor Candy Mero-Carlson, Councilor Morris A. Bergman, Councilor Donna M. Colorio, Mayor Joseph M. Petty, Councilor Matthew E. Wally, Councilor Kathleen M. Toomey and Councilor Sarai Rivera’s Order relative to initiating a permanent body camera program be adopted as amended to read as follows: “Request City Manager provide City Council with a report concerning the city’s ability to initiate a permanent body camera program for the Worcester Police Department to be put in place by January 1, 2021. Funding for said program should be prioritized and consider all funding mechanisms.” (Tabled Under Privilege - Petty August 11, 2020 and Tabled Under Privilege - Russell September 8, 2020)

ORDER of Councilor Sean M. Rose, Councilor Gary Rosen, Councilor George J. Russell, Councilor Candy Mero-Carlson, Councilor Morris A. Bergman, Councilor Donna M. Colorio, Mayor Joseph M. Petty, Councilor Matthew E. Wally, Councilor Kathleen M. Toomey and Councilor Sarai Rivera - Request City Manager initiate a permanent body camera program for the Worcester Police Department to be put in place by January 1, 2021. Funding for said program should be prioritized and consider all funding mechanisms, including new growth monies. (Tabled Under Privilege - Petty August 11, 2020 and Tabled Under Privilege - Russell September 8, 2020)

COMMUNICATION of the City Manager recommend adoption of an order transferring care, custody, management and control of the tax title property located at 14 Farnum Street to the Executive Office of the City Manager for disposition purposes. (Tabled Under Privilege - Bergman September 8, 2020)

COMMUNICATION of the City Manager recommend adoption of a resolution to accept with gratitude a donation in the amount of Nine Thousand Five Hundred Dollars And No Cents ($9,500.00) from Best Pro Cleaning, for City Hall disinfection due to the COVID-19 pandemic. (Tabled Under Privilege - Petty September 8, 2020)

ORDER of Councilor Donna M. Colorio - Request City Manager consider having public, neighborhood meetings to allow for public input prior to considering new housing proposals, such as the Lewis Street project. (Tabled Under Privilege - Rivera September 8, 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)

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 Khrystian E. King – Request City Manager provide City Council with a report concerning the fiscal impact that waiving fees associated with licensing for outdoor dining has had on the city and the feasibility of continuing to waive fees in the event of permanent outdoor dining regulations. – Item #21a CC Order adopted on a roll call vote of 9 Yeas and 0 Nays

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with a report detailing the number of businesses that have used the outdoor dining option. – Item #21b CC Order adopted on a roll call vote of 9 Yeas and 0 Nays

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with an update concerning the establishment of a trolley cart system that would provide services and relieve parking concerns in the Downtown and Shrewsbury St. areas. – Item #21c CC Order adopted on a roll call vote of 9 Yeas and 0 Nays

ORDER of Councilor Candy Mero-Carlson – Request City Manager provide City Council with a previously completed parking study completed in the Shrewsbury St. neighborhood area. – Item #21d CC Order adopted on a roll call vote of 9 Yeas and 0 Nays

ORDER of Councilor Morris A. Bergman – Request City Manager provide City Council with a report detailing whether the year of redemption has passed on the 14 Varnum St. property. – Item #21e CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Khrystian E. King – Request City Manager request Commissioner of Public Works and Parks provide City Council with a report clarifying how many of the customer service calls relating to shutoff valves were responded to by the Department of Public Works and how many were responded to by utility companies, such as Eversource. – Item #21f CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Kathleen M. Toomey – Request City Manager request Police Chief provide City Council, during its next City Manager agenda, with an update concerning the last five years of data from the Worcester Police Department’s Human Rights Commission report, which includes data relative to use of force and citizen complaints. – Item #21g CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report outlining the steps that would be required, either through an ordinance amendment or administrative change, to make individuals who do not have their vehicles registered in Worcester but are renting in Worcester eligible for resident permit parking stickers. – Item #21h 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 relative to whether the colleges and universities in the city provide data surrounding their COVID-19 testing to the city and/or Board of Health. Further, request City Manager include in said report information relative to which universities are providing dashboards and readily available information relative to their COVID-19 testing. – Item #21i 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 detailing the Lewis Street – Worcester Housing Authority property project. – Item #25j CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Sean M. Rose – Request City Manager provide City Council with an update concerning any progresses made to providing students with credits for studying for Civil Service exams. –Item #25k CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Khrystian E. King – Request City Manager request Director of Public Health provide City Council with a report concerning ways to help cigar and hookah lounges be as healthy of environments as possible in the event they are allowed to be reopened during COVID-19. – Item #25l CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Khrystian E. King – Request City Manager consider working with the local colleges and universities involved with social work and mental health counseling as a means of bringing additional evidence based research and/or practices to the city, which could considered and used as part of its outreach work with the homeless population in the city. – Item #25m CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Mayor Joseph M. Petty – That the City Council set an Executive Session for the September 15, 2020 meeting for the purpose of discussing strategy with respect to contract negotiations with I.B.P.O. Local 504, Worcester's Police Officials. – Item #25n CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

Motion King @ #10d CC – Request City Manager provide City Council with information relative to any pending legislation relative to eviction and foreclosure moratoriums at the state and federal level.

Motion King @ #10h CC – Request City Manager provide City Council with a report relative to responsiveness to jet ski issues on Indian Lake. Further, request City Manager include in said report a comparative analysis of responsiveness to issues on Indian Lake against Lake Quinsigamond.

Motion Rose @ #10h CC – Request City Manager provide City Council with a report relative to actions taken by the Department of Public Works and Parks to mitigate concerns relative to Jet Skis on Indian Lake.

Motion Bergman @ #10j CC – Request City Manager provide City Council with a report relative to information concerning how many calls DPW’S Customer Service Center receives regarding trash and litter on streets and properties, as well as information relative to the volume of calls the Department of Public Works and Parks can address relative to trash and litter on city streets and properties.

Motion King @ #13b CC – Request City Manager provide City Council with a report relative to how many times in the last five (5) years the Worcester Police Department has used chemical crowd control agents and kinetic impact weapons. Further, request City Manager include in said report the policies and procedures as they relate to tactical units, including information relative to when such units are deployed and how often they have used riot gear in the last five years.

Motion Bergman @ #13f CC – Request City Manager request City Solicitor provide City Council with a legal opinion concerning the process for releasing the minutes of Executive Session meetings to the general public.

Motion Toomey @ #13g CC – That the City Council of the City of Worcester does hereby reaffirm its support for directing resources to combat racism as a public health and public safety emergency.

Motion Colorio @ #13n CC – Request City Manager consider conducting a second public meeting to allow for public input concerning the Lewis Street Project.