CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 22, 2020

Levi Lincoln (North) Chamber

Convened: 6:30 P.M.

Recessed to Executive Session: 8:00 P.M. Reconvened to Open Session for the Purpose of Adjournment: 9:39 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of September 8, 2020.

Mayor Petty read the item and no speakers were recognized during this portion of the meeting.

Hearing: NATIONAL GRID for a conduit location at: BEVERLY RD. Granting permission to NATIONAL GRID for a conduit location at: BEVERLY RD.

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

Hearing: CROWN CASTLE NG EAST, LLC for a conduit location at: MAY ST. Granting permission to CROWN CASTLE NG EAST, LLC for a conduit location at: MAY ST.

Evan Corrigan request installation of sign marking the city limits at the Worcester/West Boylston town line on Malden St. where it turns into Prospect St. in West Boylston.

Craig Blais, President of New Garden Park, Inc., request the name of Hospital Dr., an existing roadway with direct access to Belmont St., be renamed Reactory Dr.

Richard Phan request light pole #1 on Homer St. be relocated approximately 35' to the right, beyond the front steps of 174 Park Ave. toward Park Ave., or across the street, to allow for the installation of a driveway.

Suzanne Kerbs request sidewalk repair in front of 21 Beeching St.

Suzanne Kerbs request a yield sign be installed on Lenox St. at the intersection with Beeching St.

Jill Hultquist request installation of a speed bump on Commonwealth Ave.

Suzanne Burke et al. request installation of blind curve advisory signage on both sides of Richmond Ave., between 121 Richmond Ave. (at Audubon Rd.) and 130 Richmond Ave.

Bryan Yepez et al. request installation of resident permit parking on Hillside St.

Idella Hazard request City Council request City Manager consider opening the city's meetings to the public, with seating being six feet apart and in accordance with all COVID-19 health regulations.

Transmitting informational communication relative to the appointment of Nicholas McCarthy to the Mayor Thomas Early Scholarship Committee with a term to expire on July 31, 2023.

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

Recommend the appointments of Bryan Milward, Taylor Neil and Carl Gomes to the Community Development Advisory Committee.

Recommend appointments of Rubby Wuabu and Samantha Sendrowski to the Advisory Committee on the Status of Women.

Recommend adoption of a salary ordinance amendment to bring the ordinance in compliance with the changes enacted in the FY21 Budget.

Recommend City of Worcester Fiscal Year 2021/Program Year 46 Funding Recommendations for U.S. Housing and Urban Development (HUD) Entitlement Programs – Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), HOME Investment Partnership Program (HOME), and Housing Opportunities for Persons with AIDS (HOPWA)

Recommend adoption of a resolution to file an application to designate 340 Main Street as a Certified Project and approve a Tax Increment Exemption (TIE) Plan for the property.

Transmitting informational communication relative to the Construction Progress Report for the Month ending August 31, 2020

Transmitting informational communication relative to the Keep Worcester Clean (KWC) Six Month Activity Report from January - June 2020

Recommend adding one (1) full time position, Homeless Outreach Strategist, and two (2) part time positions, Community Navigator and Recovery Coach, to the Department of Health and Human Services Organizational Chart for FY21.

Recommend adoption of the local option for the Senior Exemption Asset and Income Adjustments for Clause 41C.

Recommend adoption of the local option of the Senior and Surviving Spouse Asset Threshold Adjustment Exemption Clause 17D.

Recommend that Three Million Eight Hundred Twenty Thousand One Hundred Forty Five Dollars And Sixty Eight Cents ($3,820,145.68) be transferred from Loan Account #91C7413A, Streets & Sidewalk Construction, and be appropriated as described, to allow for current and anticipated obligations to be met.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Loan Account #91C741F, Guardrails, and be appropriated to DPW Account #41C798, Guardrails, to allow for the payment of current and anticipated obligations.

Recommend that Fifteen Thousand Dollars And No Cents ($15,000.00) be transferred from Loan Account #91C7114, Citywide Building Rehab, and be appropriated to DPW Account #41C704, Capital Rehab, to allow for current and anticipated obligations to be met.

Recommend that One Million Nine Hundred One Thousand Nine Hundred Forty Three Dollars And No Cents ($1,901,943.00) be transferred from Loan Account #91C744B, Off Street Parking Rehab, and be appropriated to DPW Account #46C707, Parking Garages - Improvements, to allow for current obligations associated with the renovation of the Pearl Elm garage to be met.

Recommend that Two Hundred Forty Four Thousand Dollars And No Cents ($244,000.00) be transferred from Loan Account #91C7114, Building Rehab, and be appropriated to DPW Account #72C703, Parks Rehab, to allow for current obligations associated with the roof replacement.

Recommend that Two Hundred Twenty Five Thousand Dollars And No Cents ($225,000.00) be transferred from Loan Account #91C744B, Off Street Parking Rehab, and be appropriated to DPW Account #46C703, Parking Lot Rehab, to allow for current and anticipated obligations to be met.

Recommend that Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) be transferred from Loan Account # 91C784, Park Improvements, and be appropriated to Parks Account # 72C70227, Mulcahy Field to allow for contractually obligated payments associated with phase 1 improvements to Mulcahy Field.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C7131D, Water Filtration, and be appropriated to DPW Account #45C768, Water Filtration, to allow for the payment of current and anticipated obligations associated with the filtration plant.

Recommend that One Hundred Fifty Five Thousand Dollars And No Cents ($155,000.00) be transferred from Loan Account #91C7113V, Burncoat Prep MSBA, and be appropriated to DPW Account #41C75906, Burncoat St Prep, to allow for current and future obligations to be met for this project.

Recommend that Eight Million Four Hundred Seventy Six Thousand Twenty One Dollars And No Cents ($8,476,021.00) be transferred from Loan Account #91C7113L, MSBA South High, and be appropriated to DPW Account #41C789, South High Improvements, to allow for the payment of current and future obligations associated with building the new South High school.

Recommend that One Million Five Hundred Thousand Dollars And No Cents ($1,500,000.00) be transferred from Loan Account #91C7113U, Challenge & Reach MSBA, and be appropriated to DPW Account #41C75905, Challenge & Reach Academy, to allow for the payment of current and future obligations.

Recommend that One Million Five Hundred Seventy Five Thousand Dollars And No Cents ($1,575,000.00) be transferred from Loan Account #91C7113T, Doherty High, and be appropriated to DPW Account #41C75904, Doherty High, to allow for current and future obligations associated with the new school to be met.

Recommend that One Hundred Seventeen Thousand One Hundred Sixty Five Dollars And No Cents ($117,165.00) be transferred from Account #91C7804, Citywide Capital Equipment, to Account #26C701, Worcester Fire Department Capital Equipment.

Recommend that Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from Account #91C7804, Citywide Capital Equipment, and be appropriated to Account #28C701, Inspectional Services Capital Equipment.

Recommend Two Million Three Hundred Thousand Dollars And No Cents ($2,300,000.00) be transferred from Account #91C711F, Library Rehab, and be appropriated to Account #11C70201, EAM Library.

Recommend Five Million Five Hundred Seventy Four Thousand Thirty Five Dollars And No Cents ($5,574,035) be transferred from Account #91C7111A, ESCO, and be appropriated to Account #04C754, Citywide/School Energy Improvements, for costs related to the ongoing ESCO project.

Recommend Three Hundred Ten Thousand Dollars And No Cents ($310,000.00) be transferred from Account #91C7161A, Union Station Rehab, and be appropriated to Account #04C704, Union Station Infrastructure.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) from Greater Worcester Community Foundation under the Worcester Together Fund program for Recreation Worcester.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Two Hundred Thousand Dollars And No Cents ($200,000.00) from the US Environmental Protection Agency under the Brownfields Grant program.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Five Hundred Dollars And No Cents ($500.00) be accepted from Katherine Kardokas and family in memory of Christine C. Kardokas.

Recommend adoption of a resolution to file, accept, and expend a grant in the amount of Forty Five Thousand Dollars And No Cents ($45,000.00) from the Commonwealth of Massachusetts under the Year Round YouthWorks, Special Project program.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Hundred Seventeen Thousand One Hundred Eighty Three Dollars And Twenty Four Cents ($117,183.24) from the Federal Emergency Management Agency (FEMA) under the Fire Prevention & Safety Grant program.

Recommend that One Million One Hundred Seventy Five Thousand One Hundred Sixty Five Dollars And No Cents ($1,175,165.00) be transferred as follows so as to provide sufficient funding for the Off-Street Program for the 1st Quarter of Fiscal Year 2021.

Recommend that Two Hundred Twenty Three Thousand One Hundred Seventy Six Dollars And Ninety Five Cents ($223,176.95) be transferred from Account #330-08, reserve for appropriation on Loans, and be appropriated to Account #660-92000, Treasurer's Office Ordinary Maintenance.

Recommend that Three Hundred Twenty Seven dollars and Two Cents ($327.02) be authorized from the FY2020 Regular Salaries Account #270-91101, and Thirty Nine Dollars and Eighty Four ($39.84) be authorized from the FY2020 Overtime Salaries Account #270-97201 Emergency Communications for an increment for an employee that was missed prior to the end of the fiscal year.

Recommend the adoption of a Loan Order in the amount of Fifteen Million Seventy Five Thousand Five Hundred Dollars And No Cents ($15,075,500.00) be appropriated to Account #91C7111A, Building Rehabilitation City & Schools, to provide funding for the purchase and installation of ionization devices throughout all regularly occupied city and school facilities.

Recommend that the City Council convene into executive session immediately following the public comment period to discuss litigation related to the listed cases.

Transmitting an update on the development agreement with Madison WG Holdings, LLC (“Madison”) including the land transfer, and submit the First Amendment to the Amended and Restated Letter of Intent (“Amendment”) together with the associated City Council action items for review and consideration.

Nikolin Vangjeli, City Clerk, transmitting an informational communication relative to the age of the voting machines and the software updates related to the vote tabulators.

Nikolin Vangjeli, City Clerk, transmitting an informational communication relative to the mail-in ballot process and a breakdown of the election results for the September 1, 2020 State Primary Election.

Recommend the adoption of a Loan Order in the amount of Two Hundred Sixty Six Million Six Hundred Eighty Four Thousand One Hundred Seventy Eight Dollars And No Cents ($266,684,178.00) be appropriated to Account #91C7113T, Doherty High MSBA, for the construction and furnishing of Doherty Memorial High School.

ORDER of Councilor George J. 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. (Tabled Under Privilege - Bergman September 15, 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 and Tabled Under Privilege - Russell September 15, 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)

RESOLUTION of Councilor Kathleen M. Toomey – 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. (Tabled Under Privilege - King September 15, 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 information relative to any pending legislation relative to eviction and foreclosure moratoriums at the state and federal level. – 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 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. – Item #16b 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 a report relative to actions taken by the Department of Public Works and Parks to mitigate concerns relative to Jet Skis on Indian Lake. – Item #16c 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 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. – Item #16d 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 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. – Item #16e CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Morris A. Bergman – 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. – Item #16f CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

RESOLUTION of Councilor Kathleen M. Toomey – 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. – Item #16g CC Tabled Under Privilege – King

ORDER of Councilor Donna M. Colorio – Request City Manager consider conducting a second public meeting to allow for public input concerning the Lewis Street Project. – Item #16h CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

Motion Russell @ #9.4B CM – Request City Manager provide City Council with a report concerning the history of the developer of the property at 340 Main Street, including information relative to whether there have been any problems in other communities and construction issues associated with TIFs and TIEs in other communities.

Motion King @ #9.4B CM – Request City Manager provide City Council with quarterly updates from the TIF and TIE Compliance Officer relative to the development of 340 Main Street.

Motion Wally @ #9.32B CM – Request City Manager request Commissioner of Public Works and Parks provide City Council with a report concerning why the city does not implement the use of wooden guardrails, especially in residential neighborhoods.

Motion King @ #9.36A CM – Request City Manager provide City Council with a report concerning whether there are any additional anticipated costs associated with the challenges of keeping humidity above thirty percent in the various city buildings.

Motion Rosen @ #9.36A CM – Request City Manager consider whether the amount of ozone produced by the various ionization units the city will be purchasing are safe levels for the city’s children and adults.

Motion Russell @ #9.37B CM – Request City Manager provide City Council with a report summarizing how plans associated with Polar Park have changed, including information relative to what the city, developer and Worcester Red Sox have gained from the changes, as well as what has been given up.

Motion King @ #9.37B CM – Request City Manager provide City Council with periodic reports detailing the happenings associated with the city’s meetings relative to Polar Park.

Motion King @ #9.37B CM – Request City Manager provide City Council with a report outlining the various investors that have credited the Worcester Red Sox and Polar Park project as a reason why they chose to invest in the city.

Motion Russell @ #12b CC – Request City Manager provide City Council with a report concerning 14 Farnum St.’s transfer, including information relative to abutters and assessed value of the land.

Motion Bergman @ #12b CC – Request City Manager provide City Council with a report identifying the deficiencies the lot that is contemplating being sold in the 14 Farnum St. land transfer.