CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 5, 2022

Esther Howland (South) Chamber

Convened: 6:35 P.M.

Adjourned: 10:40 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Mayor Petty recognized the Dance Team from Burncoat Middle School and Burncoat High School for winning the Jazz Category of the New England Interscholastic Dance Championship. Each member of the Dance Team received a Certificate of Special Mayoral Recognition for the achievement.

Mayor Petty read a Proclamation declaring April 4, 2022 through April 10, 2022 National Public Health Week in the city. The Proclamation was presented to Hilda Ramirez, Executive Director of the Latino Education Institute (LEI). The Mayor also recognized the Commissioner of Health and Human Services Matilde Castiel and Director of Public Health Karyn Clark, who spoke concerning the Proclamation and introduced the city’s public health staff to the entire City Council. The Mayor also recognized Councilor Rivera, who highlighted the work done by city’s public health staff. The City Council then watched a video relative to public health accomplishments in the city.

At the conclusion of the meeting, Mayor Petty recognized Councilor King, who moved to Suspend the Rules of City Council to allow Eric D. Batista, who will serve as Acting City Manager effective June 1, 2022, the opportunity to speak before City Council.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of March 22, 2022.

Mayor Petty read the item and recognized the following speakers: 1. Ted Kostas, Worcester resident, spoke in opposition to item #9e CC 2. Fred Nathan, Worcester resident, spoke in opposition to items #9e CC, #8a CC and #10.4B CM, as well as in favor of item #10.11B CM 3. Leonard Zalauskas, Worcester resident, spoke in favor of item #12c CC 4. Idella Hazard, Worcester resident, spoke in favor of item #10.3B CM and in opposition to item #12a CC 5. Tim Garvin, Worcester resident, spoke in favor of item #10.4B CM 6. Mary Beth Campbell, Worcester resident, spoke in favor of item #10.4B CM 7. Wahiya Wolfpaw, Worcester resident, spoke relative to an item not on the agenda 8. Craig Blais, Worcester resident, spoke in favor of item #10.4B CM 9. State Representative James J. O’Day, West Boylston resident, spoke in favor of item #12c CC 10. Anne Lisi, Worcester resident, spoke in favor of item #9e CC 11. Frank Callahan, Worcester resident, spoke in favor of item #9e CC 12. Deborah Packard, Worcester resident, spoke in favor of item #9e CC 13. Ajayi Harris, Worcester resident, spoke in favor of item #9e CC 14. Henry Hernandez, Worcester resident, spoke in favor of item #9e CC 15. Joe O’Brien, Worcester resident, spoke in favor of item #9e CC 16. Irving Espinosa, Worcester resident, spoke in favor of item #9b CC 17. David Slatkin, Worcester resident, spoke in opposition to item #10.11A CM and 10.38J CM 18. Kathleen Roy, Worcester resident, spoke in opposition to item #9e CC 19. Isaac Girard, Worcester resident, spoke in opposition to item #12a CC, #10.11A CM and #10.11B CM 20. Francesca Girard, Worcester resident, spoke in opposition to item #12a CC, #10.11A CM and #10.11B CM 21. Alex Guardiola, Worcester resident, spoke in favor of item #10.4B 22. Yenni Desroches, Worcester resident, spoke in favor of items #12c CC, #9e CC and #9d CC, as well as in opposition to item #10.11A CM and 10.38J CM

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

Hearing: NATIONAL GRID for a conduit location on: WHIPPOORWILL DR. Granting permission to: NATIONAL GRID for a conduit location on: WHIPPOORWILL DR.

That the City Council does hereby convene in Executive Session at the Tuesday, April 5, 2022 meeting for the purpose of discussing the contract for the next interim City Manager, Eric D. Batista, with a term to begin June 1, 2022, for a period of nine (9) months; and the City Council will not reconvene in open session. (Tabled Under Privilege - Nguyen March 29, 2022)

Marisol Diaz request installation of "No Parking Anytime" signage in the vicinity of a water pump located in front of 5 Hollywood St.

Irving Espinosa et al. request various concerns relative to parking in the vicinity of 85-87 Harding St. be reviewed and addressed (see attached for said concerns).

NATIONAL GRID for a conduit location on: STATE ST.

Alexander Lorusso request installation of a plaque or marker outside of the Old Courthouse (2 Main St.) indicating the site of the Worcester Revolution of 1744.

Frank Callahan et al. request City Council approve the attached order that will allow Worcester voters to determine if the City should adopt the Community Preservation Act by a binding question on the November 8, 2022 ballot.

Transmitting informational communication relative to the appointment of David Sullivan to the Off Street Parking Board.

Transmitting informational communication relative to the appointment of Paul Franco and Brenda Jenkins to the Election Commission.

Recommend the appointment of Siaka Kromah and James Bedard to the Citizen Advisory Council.

Recommend appointment of John Keough to the Cable Television Advisory Committee.

Recommend adoption of a salary ordinance amendment to regrade the job classification of "Regional Public Health Nurse" from pay grade 36 (NU) to 40 (NU).

Recommend adoption of an ordinance to amend Chapter 3, Section 42 and 44 of the Revised Ordinances of 2008 and make the necessary changes in order to add Juneteenth as the twelfth paid holiday for City employees.

Recommend adoption of a salary ordinance amendment for the Department of Public Works, Parking Services.

Recommend adoption of an Order authorizing the City Manager to execute a ten year lease, with an option to extend for wo additional five year terms, with Southbridge Associates IV, LLC, to provide office space for the Division of Workforce Development at 14 Mechanic Street, Southbridge.

Transmitting informational communication relative to the Worcester Redevelopment Authority (WRA)’s potential acquisition of 484-500 Main Street.Refer to CCM Item 10.40B

Transmitting informational communication relative to the Spring 2022 Household Hazardous Waste Collection Event on Saturday, June 25, 2022 from 9:00 a.m. – 12:00 p.m. at the Residential Drop Off Center, 1065 Millbury Street. This is a free event, however, residents must provide proof of residency and schedule an appointment.

Transmitting informational communication relative to a forestry city-wide tree inventory update.

Transmitting informational communication relative to the celebration of Arbor Day on Friday, April 29, 2022 in University Park at 10:00 a.m.

Transmitting informational communication relative to the 2022 opening of Athletic Fields.

Transmitting informational communication relative to a report concerning the Fire Department Strategic Plan.

Transmitting informational communication relative to an Unmanned Aircraft System Proposal.

Transmitting informational communication relative to the Body-Worn Camera Program.Refer to CCM Item 10.38J

Recommend adoption of an Order authorizing the City Manager to execute a three year lease with Worcester Community Housing Resources, Inc., for office space located at 801 Main Street.

Transmitting informational communication relative to the Executive Order Establishing Oversight and Control Over Surveillance Technology and the use of orthographic imagery from Nearmap US. Inc.

Transmitting informational communication relative to an update concerning the cyber security measures in place in the City.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Million Seven Hundred Fifty One Thousand Three Hundred Twenty Eight Dollars And No Cents ($1,751,328.00) from Commonwealth Corporation under the YouthWorks Summer 2022 and Year Round 22/23 program.

Recommend adoption of a resolution to file and accept with gratitude a donation valued at Five Thousand Two Hundred Forty Five Dollars And Eighty Eight Cents ($5,245.88) from Dick's Sporting Goods for physical fitness equipment.

Recommend adoption of an order to accept Twenty Seven Thousand Two Hundred and Sixty Five Dollars and No Cents ($27,265.00) from the Commonwealth's Sewer Rate Relief Fund.

Recommend that Four Hundred Eighty Eight Thousand Four Hundred Eighty Five Dollars And No Cents ($488,485.00) be transferred from various reserve accounts, and be appropriated to Account #04D81101, Ballpark City DIF, to properly account for parking revenues associated with Ballpark activities from Fiscal Year 2021.

Recommend that Twenty Thousand Four Hundred Ninety Seven Dollars and Seventeen Cents ($20,497.17)be transferred from Account #310-91000, Worcester Jobs Fund Salaries, and be appropriated to Account #310-92000 Worcester Jobs Fund Ordinary Maintenance, to cover costs associated with occupational training programs through the remainder of Fiscal Year 2022.

Recommend that Seventy Two Thousand Dollars And No Cents ($72,000.00) be transferred from Account #270-91000, Communications Salaries, and be appropriated to Account #270-92000, Communications Ordinary Maintenance, to cover operating costs through the remainder of Fiscal Year 2022.

Recommend that Thirty Thousand Dollars and No Cents ($30,000.00) be transferred from Account #450-91000, Water Salaries, and be appropriated to Account #450-97000, Water Overtime, to cover anticipated overtime costs through the remainder of Fiscal Year 2022.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account #440-91000, Sewer Salaries, and be appropriated to Account #440-97000, Sewer Overtime, to cover anticipated overtime costs through the remainder of Fiscal Year 2022.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account #720-91000, Parks Salaries, and be appropriated to Account #720-97000, Parks Overtime, to cover anticipated overtime costs through the remainder of Fiscal Year 2022.

Recommend that Forty Four Thousand Six Hundred Ten Dollars And Seventy Nine Cents ($44,610.79) be transferred from Account #330-07, Reserve for Appropriation Damage Settlement, and be appropriated to Account #250-92000, Police Ordinary Maintenance, to provide fund for repairs to Worcester Police Department vehicles.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Account #260-91000, Worcester Fire Department Salaries, and be appropriated to Account #260-97000, Worcester Fire Department Overtime, in order to cover cost for recruit training and vacancies.

Recommend that One Thousand Dollars And No Cents ($1,000.00) be transferred from Account #650-92000, Auditing Ordinary Maintenance, and be appropriated to Account #650-97000, Auditing Overtime for payment of estimated department operations through the remainder of the fiscal year.

Recommend that One Million Five Hundred Thousand Dollars And No Cents ($1,500,000.00) be transferred from Account #900-92000, City Manager's Contingency, and be appropriated to Account #250-92000, Police Ordinary Maintenance, to fund the vendor contract for body worn cameras.Refer to CCM Item 10.11B

Recommend adoption of an amendment to the Fiscal Year 2022 Department of Public Works, Engineering Division, Table of Organization to add (1) Parking Operations Supervisor and (1) Senior Parking Control Officer.

Recommend that the loan order this Council adopted on January 2, 2007 which authorized the borrowing of Seventy Two Million Eight Hundred Thousand Dollars And No Cents ($72,800,000.00), for North High School, be hereby amended to repurpose Two Million Dollars And No Cents ($2,000,000.00) to Account #91C7113U, Reach & Challenge Academy.

Recommend the adoption of a Loan Order in the amount of Six Million Eight Hundred Thousand Dollars And No Cents ($6,800,000.00) be appropriated to Account #91C7124, WRA Urban Renewal, to pay for costs associated with the acquisition, rehabilitation or demolition, and disposition of 484 Main Street by the Worcester Redevelopment Authority.Refer to CCM Item 10.4B

Recommend the balance of Seven Million Nine Hundred Ninety Thousand Dollars And No Cents ($7,990,000.00) from the loan order this Council adopted on August 21, 2001 of Eight Million Dollars And No Cents ($8,000,000.00) for Citywide Building Rehabilitation, be hereby rescinded.

Recommend adoption of an amended loan order in the amount of Four Million Nine Hundred Ninety Three Thousand Five Hundred Nine Dollars And No Cents ($4,993,509.00) to provide funding for the Worcester Public Schools, Worcester Arts Magnet building improvement project.

That the sum of $100,000.00, One Hundred Thousand Dollars and No Cents is hereby appropriated to Account #91C724B, Traffic Signal Improvements, to fund costs associated with the improvements to traffic signals, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of One Hundred Thousand Dollars and No Cents, $100,000.00, under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefor. That the sum of $150,000.00, One Hundred Fifty Thousand Dollars and No Cents is hereby appropriated to Account #91C7242B, Street Light Improvements, to fund costs associated with the improvements to street lights, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of One Hundred Fifty Thousand Dollars and No Cents, $150,000.00, under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefor.

That the sum of $100,000.00, One Hundred Thousand Dollars and No Cents is hereby appropriated to Account #91C724B, Traffic Signal Improvements, to fund costs associated with the improvements to traffic signals, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of One Hundred Thousand Dollars and No Cents, $100,000.00, under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefor. That the sum of $180,000.00, One Hundred Eighty Thousand Dollars and No Cents is hereby appropriated to Account #91C7242B, Street Light Improvements, to fund costs associated with the improvements to street lights, including the costs incidental and related thereto, and that to meet this appropriation the City Treasurer, with the approval of the City Manager is hereby authorized to borrow the sum of One Hundred Eighty Thousand Dollars and No Cents, $180,000.00, under and pursuant to Chapter 44, Section 7, Clause (1) of the General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefor.

ORDER of Mayor Joseph M. Petty - That the City Council of the City of Worcester does hereby appoint Eric D. Batista the next interim City Manager, with a term to begin June 1, 2022, for a period of nine (9) months. (Tabled Under Privilege - Nguyen March 29, 2022)

ORDER of Mayor Joseph M. Petty - Request City Clerk provide City Council with a report concerning the procedures and timelines followed during the 1993, 2004 and 2013-2014 City Manager searches and appointments. (Tabled Under Privilege - Petty March 29, 2022)

RESOLUTION of Councilor Khrystian E. King, Councilor Etel Haxhiaj and Councilor Thu Nguyen - That the City Council of the City of Worcester does hereby support the proposed Fair Share Amendment that would create an additional tax of four percentage points on annual income above one million dollars and dedicate the funds raised by this tax to quality public education, affordable public colleges and universities, and for the repair and maintenance of roads, bridges, and public transportation. (Tabled Under Privilege - Colorio March 29, 2022)

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)

RESOLUTION of Councilor Khrystian E. King - That the City Council of the City of Worcester does hereby support Representative Rebecca Rauch and Senator Sonia Chang-Diaz’s SD 699 HD 1283, An Act effectuating equity in COVID-19 Vaccination Bill. (Tabled Under Privilege - Bergman February 9, 2021 and Tabled - Bergman February 23, 2021)

ORDER of Councilor Sarai Rivera - Request City Clerk research the feasibility of authorizing legal residents who have not been naturalized yet to vote in elections at the local level. (Tabled Under Privilege - Mero-Carlson October 26, 2021 and Tabled Under Privilege - Petty November 9, 2021 and Tabled - Rivera November 16, 2021)

ORDER of Councilor Sarai Rivera - Request City Manager consider prioritizing American Rescue Plan Act (ARPA) funding for REC Worcester’s capital project involving the development of the new REC Worcester headquarters and Center for Food Justice and Urban Agriculture (for Worcester and Central Massachusetts), in an effort to support community food security, as well as youth development and employment. (Tabled Under Privilege - Mero-Carlson October 26, 2021 and Tabled Under Privilege - Petty November 9, 2021 and Tabled - Rivera November 16, 2021)

ORDER of Councilor Etel Haxhiaj – Request City Manager reach out to MassDOT to provide City Council with historical information as to the potential installation of a crosswalk in the vicinity of Charlotte Klein Dance Center at 1122 Pleasant St. – Item #18a CC Order adopted

ORDER of Councilor Etel Haxhiaj – Request City Manager provide City Council with a report concerning the history of potentially installing a school zone at Mill Swan Head Start School, located at 337 Mill St. – Item #18b CC Order adopted

ORDER of Councilor George J. Russell – Request City Manager review signage at the intersection of Arthur St. and Dorchester St. for missing stop signs. – Item #18c CC Order adopted

Motion Petty @ #9e CC – Request City Manager request City Solicitor work with the City Clerk to review the process for placing a binding question on the November 8, 2022 ballot order that will allow Worcester voters to determine the adoption of the Community Preservation Act.

Motion King @ #12a CC – Request City Manager provide City Council with a report detailing and outlining the transitory operational succession plan for the Office of the City Manager, including how the cabinet will be operationalized.

Motion King @ #12a CC – Request City Manager request Purchasing Agent prepare documents for a Request for Proposals (RFP) for premiere executive search firms to aid in an executive search to select a permanent City Manager and search process, if the City Council decides to move forward with said RFP.

Motion King @ #12a CC – Request City Council work with a selected premiere executive search firm to create, designate and obtain a list of job qualifications routinely required in the attainment of a permanent City Manager in order to aid the City Council in the selection process. Further, request City Council review best practices used in the city of Cambridge during their City Manager search.

Motion Nguyen @ #10.11A CM – Request City Manager request Police Chief provide City Council with a report concerning conversations had relative to best practices, challenges and benefits for bringing forth an unmanned aircraft system proposal.

Motion Haxhiaj @ #10.11 A CM – Request City Manager provide City Council with a report concerning how any use of an unmanned aircraft system would affect the work practitioners do with houseless individuals.

Motion King @ #10.11A CM – Request City Manager request City Solicitor provide City Council with a legal opinion as to how the city’s recently passed ordinance relative to facial recognition technology applies to the use of drones.

Motion Toomey @ #10.11A CM – Request City Manager provide City Council with a report concerning the number of drones in the city, as well as how often they are used and any other pertinent information kept by the Federal Aviation Administration (FAA).

Motion Nguyen @ #10.11B CM – Request City Manager request Police Chief provide City Council with a report detailing the training curriculum, including the presentation and materials, which will be used for the implementation of the Body-Worn Camera Program.