CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 10, 2020

Levi Lincoln (North) Chamber

Convened: 6:33 P.M.

Adjourned: 8:58 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 October 20, 2020.

Mayor Petty read the item and recognized the following speakers: 1. Danaah McCallum, Worcester resident, spoke in favor of items #7q CC and #7r CC 2. Cheryll Holley, Worcester resident, spoke in favor of item #10h CC 3. Kevin Ksen, Worcester resident, spoke neither in favor or opposed to item #8.13B CM 4. Lynn Watson, Worcester resident, spoke in favor of item #8.13F CM 5. Matt Whitlock, Worcester resident, spoke in favor of items #10h CC and #15b CC and neither in favor or opposed to #10l CC 6. Nellie Medina, Worcester resident, spoke in opposition to item #10a CC

Blake Simpson request Forsberg St. from Harwich St. west and Steele St. from Keach Ave. southerly to the end of the road at Forsberg St. be converted to a public road.

Donald O'Neil request to amend the Zoning Map by changing the zoning of the two parcels of land located at 1 Brattle St. and 7 Brattle St. from RS-7 to BL-1.0.

Wayne Barry request to rezone that portion of the Premises known as and numbered 1451 Grafton St. and shown on the attached Exhibit A from BL-1.0 Zoning District to MG-0.5 Zoning District.

Ron Dupre et al. request sidewalk repair on Richards St.

Councilor Sean M. Rose request sidewalks be constructed on Fairhaven Rd. from Burncoat St. to Leeds St. on the side of the street without sidewalks.

Kevin Ghio request Anna St. at the intersection of Maverick Rd. be repaved.

Blake Simpson request installation of a weight restriction on large tractor trailers on Steele St., with signage being installed indicating such at the beginning of Steele St. from Whipple St.

Daniel Voellings request installation of "No Parking Anytime" signage five feet from either side of the driveway at 488 Mill St. on poles #86/82.

Councilor Sarai Rivera on behalf of Casey Starr and Patricia Padilla request installation of a four-way stop sign at the intersection of Woodland St. and Oberlin St.

Tammy Martin request installation of a handicap parking space in front of 89 Haven Ln.

NATIONAL GRID for a conduit location at: MAIN ST. and OREAD PL.

NATIONAL GRID for a conduit location at: CEDAR ST.

NATIONAL GRID for a conduit location at: WEST BOYLSTON ST.

NATIONAL GRID for a conduit location at: WEST BOYLSTON ST. and ROYCROFT RD.

NATIONAL GRID for a conduit location at: MIDLAND ST. and CHALMERS RD.

CHARTER COMMUNICATIONS for a conduit location at: ORIENT ST.

Danaah McCallum request the city's noise ordinance, C. 9, s. 1A(e), be amended to prohibit the initiation of construction projects prior to 8 a.m. EST, except in emergency situations.

Dannah McCallum request City Council obtain a report from the City Manager concerning the status of the sewer reconstruction project that is underway in and around 21 Illinois St., as well as Grand St. and Gates St. Further, request City Council include in the request, information concerning the target date for completion, anticipated delays in terms of completion and days in which residents might expect a disruption in water services. Further, request City Council obtain information as to how non-emergency disruptions in water service will be communicated to affected residents a minimum of 24 hours before the outage via the city's alert system and through adequate signage at the affected location. Further, it is requested that this report be made available to the public.

Transmitting informational communication relative to the reappointments of Nancy Greenberg, Chizoma Nosike and Caroline Sullivan to the Elder Affairs Commission.

Recommend appointment of Alan Larrivee to the Citizen Advisory Council with a term to expire on March 31, 2023.

Recommend Transfer of Jurisdiction of 17 Lodi Street from Tax Title Custodian to Executive Office of Economic Development

Transmitting informational communication relative to a status update on the UNUM TIF agreement.

Transmitting informational communication relative the an update of the Duffy Field Master Plan.

Transmitting informational communication regarding information on the police response associated with Bancroft Tower in the year 2020.

Transmitting informational communication relative to the dollar amount paid out for fiscal years 2015-2020 for claims involving exposed manhole covers.

Transmitting informational communication relative to the dimensions for parking and loading zone spaces.

Recommend acceptance and referral of a report relative to a petition alleging violations of the Open Meeting Law.

Transmitting informational communication relative to the expectations related to the acceptance of the gift of Hillside Beach to the City of Worcester.

Transmitting informational communication relative to a legal opinion concerning the City’s liability for installing, or failing to install signs such as “Icy,” “Dangerous,” or “Deaf Child.”

Recommend adoption of an order to convey a small portion of land containing 496 square feet located at 230 Clover Street, to Lynn Watson, owner of the abutting property located at 12 Laurier Street.

Transmitting informational communication relative to the regulations applicable to the operation of private social clubs.

Transmitting informational communication relative to imposing vehicle weight restrictions.

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

Transmitting informational communication relative to a report detailing what the management company of the DCU Center and the Civic Center Commission are currently spending during COVID-19, what is normally spent and what cuts have been made to spending.

Recommend that recommend Three Million Four Hundred Thousand Dollars And No Cents ($3,400,000.00) be transferred from Account #91C711F, Main Library-Master Plan, and be appropriated to Account #11C70201, EAM Rehabilitation-Library.

Recommend adoption of a resolution to apply, accept, and expend a FFY 2021 Municipal Road Safety Grant in the amount of Forty Thousand Dollars and No Cents ($40,000.00) from the Massachusetts Executive Office of Public Safety and Security, Office of Grants and Research.

Recommend adoption of a resolution to apply, accept and expend a 2021 Charles E. Shannon Jr., Community Safety Initiative Program Grant in an amount of up to One Million Two Hundred Thousand Dollars and No Cents ($1,200,000.00), from the Massachusetts Executive Office of Public Safety and Security

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Hundred Fifteen Thousand Dollars And No Cents ($115,000.00) from Future of Work Challenge program.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Three Thousand Five Hundred Dollars And No Cents ($3,500.00) from the Greater Worcester Community Foundation for the WFD Memorials Care Fund.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Fifty Thousand Dollars And No Cents ($50,000.00) from the Massachusetts Department of Conservation and Recreation under the public art in city parks program.

Recommend adoption of a resolution to file, accept, and expend a grant in the amount of Two Hundred Fifty Eight Thousand Four Hundred Thirty Three Dollars and No Cents ($258,433.00) from the State 911 Department through the FY2021 Development Grant Program.

Recommend City Council authorization to increase the Fiscal Year 2021 limit on Revolving Fund Account #04S411, Housing Development and Rehabilitation, to a total of One Hundred Fifty Thousand Dollars And No Cents ($150,000.00).

Respectfully request authorization of Two Thousand Three Hundred Twelve Dollars and Thirty Nine Cents ($2,312.39) from Account #250-92000, Police Ordinary Maintenance, for the payment of prior year invoices.

Transmitting informational communication relative to a report indicating how much revenue identified as "community impact fees" has been received from marijuana businesses.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request City Solicitor reach out to the various sober housing accreditation entities to determine whether 65 Kenwood Ave. has any accreditations.

Request City Manager provide City Council with an update concerning a previously adopted Order on February 25, 2020 relative to identifying opportunities to offer open water swimming lessons for the city’s youth, including Coes Pond. (Wally)

Request City Manager provide City Council with an updated report concerning the total dollar amount the city has received from the CARES Act, how much of those monies have been spent and what said funds have been spent on. (Mero-Carlson)

Request City Manager consult with the heads of each City department as to what, if any, fiscal year budget expenses can be delayed until after the current fiscal year. (Bergman, Rosen, Mero-Carlson)

Request City Manager provide City Council with a report as to the types of home rule petitions and their successes from other municipalities regarding alternative tax revenue sources. (Bergman, Mero-Carlson)

Request City Manager work with the Parks Department and/or the Department of Public Works to provide City Council with a report concerning maintenance of the city's Veterans Squares. (Bergman)

Request City Manager request the Department of Public Works and Parks review the “One Way” portion of Walnut St. for safety suggestions. (Bergman)

With COVID-19 remaining a major health and financial threat to city residents and businesses, and the City Council required soon to set the dual tax rates, request City Manager consider implementing a one-time and voluntary Pandemic Pilot Program (payment in lieu of taxes) for all Worcester non-profits to help compensate the city for some or all of the property tax revenue lost due to tax exempt ownership or use of real property. (Rosen, Bergman)

Request City Manager explore and develop a projective plan in the effort to permanently display the flag of the Nipmuc Nation, as requested by Cheryll Holley, Chief of the Nipmuc Nation Hassanamisco Reservation. The City’s proposal should be deferential as it relates potential locations of the permanent Flag. (King)

Request City Manager consider publicly recognizing the City Clerk’s Office, the Election Commission and the poll workers for their stellar job in the recent election that saw a historic turnout. (Rose)

Request City Manager confer with the City Solicitor to determine the maximum fine that can be levied for illegal apartments; and further, if there is an ability to increase it, recommend the appropriate increase to deter these efforts, in the name of public safety. (Toomey)

Request City Manager confer with the City Solicitor concerning the current status of the Department of Code and Health’s ability to mandate sprinklers for Sober Homes. (Toomey)

Request City Manager work with the appropriate departments to provide City Council with a presentation relative to the city’s current public safety records management system, Pamet, and provide City Council with an update as to where the city is in procuring new software that would combine access for Police, Fire and Inspectional Services onto one system. (Toomey)

Request City Manager work with the Chief of Police and the Acting Commissioner of Public Works and Parks to establish an emergency team and protocol for the Department of Public Works and Parks to provide immediate remediation of remnants of less than lethal munitions after an incident. (Toomey)

Request City Manager work with the Commissioner of Inspectional Services and the Director of Housing and Health Inspections to identify best practices for building and code oversight of sober homes; and further, identify best practices for tracking and cataloging said sober homes, in an effort to ensure that all said sober homes are complying with current code regulations, in the interest of safety for the residents. (Toomey)

Request City Manager provide City Council with an update concerning a previously adopted Order on April 2, 2019 relative to working with the Commissioner of Inspectional Services to develop a rental registry for non-owner occupied residential properties. (Wally)

Request City Manager request City Solicitor consider whether immediate legal actions can be taken to protect the safety of our residents by enforcement of the Massachusetts Comprehensive Fire Safety Code to sober homes/houses. (Mero-Carlson, Bergman)

Request City Manager work with the appropriate personnel to remove all foreign objects (e.g. cars, tvs) in the water at Hillside Beach at Coes Pond. (King)

STREET BETTERMENT ASSESSMENT: KNAPP AVENUE

That the City Council does hereby honor and recognize the Worcester Police Department's Lieutenant James Johnson, Sergeant Richard Cipro, Sergeant Mike Peters, as well as Police Officers Robert Belsito, Anthony Correa, William Warnken, James Dalton, James D’Andrea, Santo DellAquila, Marisa Gaspar, Maxwell Meservey, Scott Morin, Michael Hall, Sean O’Connor, Irving Rosario, William Armstrong, Thomas Barney, Irving Rosario, Adam Filewicz and Kofi Tomasi, who have been or continue to serve our Nation's National Guard and Reserves, for receiving the Secretary of Defense Freedom Award. This award is the highest recognition given by the U.S. Government to employers for supporting their employees who serve in the National Guard and Reserve. (Bergman, Colorio, Toomey, Mero-Carlson, King, Rivera, Rose, Rosen, Russell, Wally, Petty)

That the City Council of the City of Worcester does hereby recognize the hard work and outstanding success of the Board of Election Commissioners, including Richard Duffy, Kimberly VanderSpek, Winifred Octave, Dannah McCallum and John Stewart, as well as the City Clerk's Office, including City Clerk Nikolin Vangjeli, Deputy City Clerk Stephen AJ Pottle, and their office staff of Eloisa Aguilar, Rafael Araujo, Erica Cawley, Shannon Emmons, An Pham, Clare Robbins, Shaquiria Santiago, Jacob Sears, Matthew Servidio, Wanda St. Francis, Mary Terese Vigliotti, Roberto Walker and Tina Wieslander, as well as the Worcester Police Department, Department of Public Works and Parks and the 350-plus poll workers and volunteers who were all involved in processing the 2020 State Primary and 2020 Presidential Election, which saw largest amount of ballots cast in an election in the city in forty-four years. (Mero-Carlson)

Transmitting informational Communication regarding the upcoming vacancies in the Library Board of Directors, effective January 1, 2021.

Transmitting an informational communication relative to integrating new technologies associated with the city's agenda management system.

Amending the Salary Ordinance of August 20, 1996 Occupational Group A - Administrative and Supervisory Occupational Group EM – Executive Management Relative to the Chief Diversity Officer.

Amending Chapter Twelve of the Revised Ordinances of 2008 Relative to Small Wireless Facilities in Public Rights-Of-Way.

That the sum of Two Million One Hundred Twenty Thousand Dollars And No Cents ($2,120,000.00) be appropriated to Account #91C7114, Citywide Building Rehabilitation. That the sum of amount of Two Million Six Hundred Twenty Two Thousand Ninety Five Dollars and No Cents ($2,622,095.00) be appropriated to Account #91C7804, Citywide Capital Equipment. That the sum of Three Hundred Ninety Seven Thousand Dollars And No Cents ($397,000.00) be appropriated to Account #91C774, Civic Center Capital Equipment.

ORDER of Councilor Kathleen M. Toomey, Councilor Morris A. Bergman, Councilor Candy Mero-Carlson, Councilor Khrystian E. King, Councilor Sean M. Rose and Councilor Donna M. Colorio - Request City Manager consider including matching funding for grant dollars received for the Worcester Community Police Addiction Recovery Program in the upcoming fiscal year. (Tabled Under Privilege - Rivera October 27, 2020)

ORDER of Councilor Khrystian E. King – Request City Manager consider looking into the WPD Budget to find matching funding for grant dollars received for the Worcester Community Police Addiction Recovery program in the upcoming fiscal year. (Tabled Under Privilege - Rivera October 27, 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 Mayor Joseph M. Petty – Request City Clerk provide City Council with a report concerning any actions passed by City Council relative to the Mayor’s Tax Policy Committee. – Item #20a 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 how emergency, 911 calls are prioritized, as well as any inroads made to ensure all emergency, 911 calls receive a response. – Item #20b CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Khrystian E. King – Request City Manager consider looking into the WPD Budget to find matching funding for grant dollars received for the Worcester Community Police Addiction Recovery program in the upcoming fiscal year. – Item #20c CC Tabled Under Privilege – Rivera

ORDER of Councilor George J. Russell – Request City Auditor provide City Council with a report detailing any places in the FY21 Budget, in the reserves and in the extra money that is available that could be utilized to assist the City Manager in his budgetary constraints for the rest of the fiscal year. – Item #20d CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Candy Mero-Carlson – That City Council does hereby suspend its rules to allow for the discussion of preparations associated with the November 3, 2020 Presidential Election. – Item #20e CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Candy Mero-Carlson – Request City Clerk post any phone numbers associated with assisting voters on Election Day to the city’s website and any other appropriate locations. – Item #20f CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

Motion Colorio @ #8.13G CM – Request City Manager provide City Council with a report detailing the number of social clubs in the city.

Motion Toomey @ #10e CC – Request City Manager identify which Veterans’ Memorials in the city are located on city property, state property and private property.

Motion Toomey @ #10h CC – Request City Manager establish a committee to identify a proper location for a memorial for the Nipmuc Nation.

Motion Colorio @ #10h CC – Request City Manager put together a plan to create a permanent area in the city where all the flags of the various ethnic groups in the city can be displayed.

Motion King @ #10n CC – Request City Manager request City Solicitor provide City Council with a report outlining the legal definition of “sober homes.”

Motion King @ #11a CC – Request City Manager identify and highlight all individuals who work for the city that have served or continue to serve in the United States of America Armed Forces.

Motion Bergman @ #12a CC – Request City Clerk reach out to the Acting Library Director to ensure the advertisements associated with the Library Board of Directors Election are posted throughout the Library and on their social media platforms.

Motion King @ #15a CC – Request City Manager provide City Council with a report detailing outcome measures associated with the Worcester Community Police Addiction Recovery Program.