CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 3, 2022

Esther Howland (South) Chamber

Convened: 6:34 P.M.

Recessed to Executive Session: 7:47 P.M. Adjourned from Executive Session: 8:32 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Mayor Petty read a PROCLAMATION declaring May 1, 2022 to May 7, 2022 as Children’s Mental Health Week in the City of Worcester. Mayor Petty presented the Proclamation to Tara Garza.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of April 12, 2022.

Mayor Petty read the item and recognized the following speakers: 1. Fred Nathan, Worcester resident, spoke in opposition of item #10.33A CM 2. Idella Hazard, Worcester resident, spoke in favor of item #13f CC and in opposition to item #13g CC 3. John Keyo, Worcester resident, spoke in favor of item #13f CC

Hearing: NATIONAL GRID for a conduit location on: CRESTON ST. Granting permission to NATIONAL GRID for a conduit location on: CRESTON ST.

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

That the City Council convene in Executive Session at the May 3, 2022 meeting for the purpose of discussing strategy with respect to contract negotiations with the following labor unions: N.E.P.B.A. Local 9-1-1, Worcester Police Officers, N.A.G.E 495, and I.A.F.F. Local 1009.

Gerard Dio request installation of No Parking Anytime signage within 40 feet south of the entry and 40 feet north of the exit of the Worcester Fire Department Credit Union parking lot (34 Glennie St.)

Brian and Priscella Underwood request installation of flashing crosswalk light in the vicinity of the WRTA Central Hub (60 Foster St.).

Brian and Priscella Underwood request installation of flashing crosswalk light in the vicinity of City Hall (455 Main St.).

Brian and Priscella Underwood request installation of flashing crosswalk light in the vicinity of the Court House (225 Main St.).

Brian and Priscella Underwood request installation of flashing crosswalk light in the vicinity of the Federal Building (595 Main St.).

Brian and Priscella Underwood request installation of flashing crosswalk light in the vicinity of the UMASS Medical Center (370 Plantation St.).

Councilor Morris A. Bergman on behalf of Charlene Guinard request installation of a handicap parking space in front of 87 Pleasant St.

Recommend the appointment of Michael Angelini to Chair the Worcester Redevelopment Authority.

Transmitting informational communication relative to a "save the date" for the 2022 Paul J. Moosey Employee of the Year Award to be held at noon on May 16th on the City Hall Plaza.

Transmitting informational communication relative to infrared technology and pothole repairs.

Transmitting supplemental information and communication relative to the FY23 water and sewer rates.

Transmitting informational communication relative to the use of aerial surveillance in the context of an unreasonable search under the Fourth Amendment to the U.S. Constitution and Article 14 of the Massachusetts Declaration of Rights.

Transmitting informational communication regarding the City Council’s role relative to the creation of departmental policies and in particular its role and authority relative to the police department’s proposed acquisition of an Unmanned Aircraft System.

Transmitting informational communication relative to the schedule of events for the 2022 Memorial Day Ceremonies.

Transmitting informational communication relative to the costs associated with the replacement of Doherty Memorial High School.Refer to CCM Item 10.40A

Recommend that Ninety Five Thousand Six Hundred Twenty Three Dollars And Thirty Two Cents ($95,623.32) be transferred from various capital accounts, and be appropriated to various Worcester Fire Department capital accounts, to provide funding for capital purchases and projects through the remainder of Fiscal Year 2022.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C7114, Citywide Rehabilitation, and be appropriated to Public Facilities to Account #11C70202, Public Facilities - Senior Center, to eliminate the account deficit and allow for the payment of current obligations.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C71131, Worcester Arts Magnet, and be appropriated to Public Facilities Account #11C70808, Worcester Arts Magnet, for the payment of current obligations associated with the MSBA roof replacement at this school.

Recommend that Sixty Three Thousand Nine Hundred Thirty One Dollars And Eighty Nine Cents ($63,931.89) be transferred from Loan Account #91C7804, Citywide Capital Equipment, and be appropriated to DPW&P Account #41C703, DPW Equipment, to allow for the purchase and payment of approved DPW equipment.

Recommend that Thirty Six Thousand Six Hundred Forty Dollars and No Cents ($36,640.00) be transferred from Loan Account #91C7413A, Streets & Sidewalks, and be appropriated to Account #41C792, Grafton Street Improvements, to provide funding for contractually obligated payments.

Recommend that Fifty Nine Thousand Eight Hundred Nine Dollars And Twenty Six Cents ($59,809.26) be transferred from Loan Account #91C745B, Sewer Reconstruction, and be appropriated to Account #44C764, Sewer Pumping, to provide funding for contractually obligated payments.

Recommend that Eighty Thousand Eight Hundred Sixty Four Dollars And Thirty Six Cents ($80,864.36) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C70213, South Worcester, to allow for payments of contractual obligations associated with improvements at South Worcester Park.

Recommend that Fourteen Thousand Nine Hundred Forty Dollars And Sixty Three Cents ($14,940.63) be transferred from Loan Account # 91C784, Park Improvements, and be appropriated to Parks Account # 72C70242, Playground Assessment, to allow for contractual obligations associated with Playgrounds within the City.

Recommend that Twelve Thousand Four Hundred Eighty Two Dollars And Forty Two Cents ($12,482.42) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C70249, Memorials and Monuments, to allow for contractually obligated payments associated with memorial restorations.

Recommend that Twenty Four Thousand Four Hundred Eighty Three Dollars And Thirty Three Cents ($24,483.33) be transferred from Loan Account #91C784, Parks Improvements, and be appropriated to Parks Account #72C70248, Coes Beach, to allow for contractual obligations associated with improvements to the beach area.

Recommend adoption of a resolution to accept with gratitude a gift of Nine Thousand Nine Hundred Ninety Eight Dollars And No Cents ($9,998.00) from Worcester Polytechnic Institute (WPI) to treat the water chestnut infestation in Salisbury Pond.

Recommend adoption of a resolution to file, accept, and expend a grant in an amount up to One Million Three Hundred Twenty Thousand Dollars And No Cents ($1,320,000.00) from the Commonwealth of Massachusetts, Executive Office of Energy & Environmental Affairs, under the Municipal Vulnerability Preparedness program.

Recommend that Four Hundred Fifty Thousand Dollars And No Cents ($450,000.00) be transferred from Account #260-91000, Worcester Fire Department Regular Salaries, and be appropriated to Account #260-97000, Worcester Fire Department Overtime.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Account #112-91000, DPF Regular Salaries, and be appropriated to Account #112-97000, DPF Regular Overtime, to cover overtime costs through the remainder of Fiscal Year 2022.

Recommend that Three Thousand Dollars And No Cents ($3,000.00) from Account #1701-91000, Human Resources Personal Services, and be appropriated to Account #1701-97000, Human Resources Regular Overtime, to cover the cost of additional overtime related to the Open Enrollment Period.

Recommend that One Hundred Sixty Thousand Dollars And No Cents ($160,000.00) be transferred from Account #680-91000, Technical Services Salaries, and be appropriated to Account #680-92000, Technical Services Ordinary Maintenance, to fund ongoing technology and operating costs through the remainder of Fiscal Year 2022.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from DPW Account #450-91000, Water Salaries, and be appropriated to DPW Account #450-92000, Water Ordinary Maintenance, to cover anticipated costs through the end of the fiscal year.

Recommend the adoption of a Loan Order in the amount of Twenty Three Million Dollars And No Cents ($23,000,000.00) be appropriated to Account #91C7113T, Doherty High MSBA, to fund the construction of a replacement Doherty Memorial High School.Refer to CCM Item 10.33A

Transmitting informational communication relative to the transition plan of Eric Batista as he assumes the role of Acting City Manager.

Nikolin Vangjeli, City Clerk, transmitting an informational communication concerning the public hearings regarding drawing the six (6) district lines for the Worcester School Committee, as required in the consent decree of Worcester Interfaith, Inc. et al v. City of Worcester, Massachusetts et al. Furthermore, the board will also take public feedback on the assignments for the 2022 State Election polling locations.

REPORT OF THE PLANNING BOARD Upon the Petition of Sergio Melgar, Executive Vice President & CFO of UMass Memorial Healthcare, Inc., request the Zoning Map be amended by revising the zoning designation of a parcel of land known as and located at 378 Plantation St. from RL-7 to IN-H in its entirety.

COMMUNICATION of the City Manager transmitting informational communication relative to a report on follow up regarding Unmanned Aircraft System (UAS). (Tabled Under Privilege - Rivera April 26, 2022)

ORDER of Councilor Sean M. Rose - Request Standing Committee on Economic Development hold a public meeting to discuss the economic successes and lessons learned during the Worcester Red Sox’s opening season in the city’s Canal District. (Tabled Under Privilege - Mero-Carlson April 26, 2022)

COMMUNICATION of the City Manager transmitting informational communication relative to the Master Plan Initiative for improvements to Blithewood Park. (Tabled Under Privilege - Russell April 26, 2022)

CHAIRMAN'S RESOLUTION FROM THE COMMITTEE ON PUBLIC SAFETY - That the City Council of the City of Worcester does hereby approve of the potential schedule associated with the Body Worn Camera program timeline. (Tabled Under Privilege - Nguyen April 26, 2022)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager provide City Council with report concerning the cost to supply phones to police officers as part of the Body Worn Camera program. (Tabled Under Privilege - King April 26, 2022)

ORDER of Councilor Thu Nguyen - Request City Manager not approve the proposal for an Unmanned Aircraft System and prohibit usage of the this technology until a comprehensive and civil liberties focused policy regulating the use of it is submitted to the City Manager, City Council and the general public. (Tabled Under Privilege - Petty April 26, 2022)

ORDER of Councilor Kathleen M. Toomey – That the City Council of the City of Worcester does hereby authorize, pursuant to M.G.L. 30B Section 12 that the City of Worcester Police Department award a contract or contracts for body-worn camera and Taser services for a period of five years. (Tabled Under Privilege - Nguyen April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking In Front of #92 Perry Avenue. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 Of the Revised Ordinances of 2008 to Provide Handicap Parking Across from #132 Maywood Street. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of #49 Richland Street. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of #49 Freeland Street. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 21 Vineyard Street. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of #1 Kingsbury Street. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of #13 Eureka Street. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of #7 Dayton Street. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of #165 Austin Street. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide No Parking and Two-Hour Parking on Genesee Street. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Two Hour Parking on James Street. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Two Hour Parking on Ludlow Street. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of #197 Eastern Avenue. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of #20 Berkeley Street. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of #14 Chadwick Street. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking Across from #70 Everard Street. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking for #26 New Vista Lane. (Tabled Under Privilege - Petty April 26, 2022)

PROPOSED ORDINANCE Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Provide Resident Permit Parking on Northampton Street. (Tabled Under Privilege - Petty April 26, 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 Morris A. Bergman – Request City Manager request Chief Development Officer provide City Council with a report concerning how the city’s zoning requirements relative to four or more unrelated individuals living in a housing unit applies to the zoning requirements for MBTA Communities. – Item #24a CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor George J. Russell – Request City Manager request Commissioner of Public Works and Parks provide City Council with a report concerning any increased costs associated with Upper Blackstone Clean Water, as it relates to the Water and Sewer Rate. – Item #24b CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Donna M. Colorio – Request City Manager request Commissioner of Public Works and Parks provide City Council with a report concerning why the out-of-town Water and Sewer Rate recommendations for FY23 did not increase, but the city rate saw an increase of one cent. – Item #24c CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Donna M. Colorio – Request City Manager provide City Council with a report concerning the cutoff income elder home owners must meet to qualify for a rate reduction in the Water and Sewer Rate for FY23. – Item #24d 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 concerning the costs associated with implementing the Master Plan Initiative for improvements to Blithewood Park. – Item #24e CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Kathleen M. Toomey – That the City Council of the City of Worcester does hereby authorize, pursuant to M.G.L. 30B Section 12 that the City of Worcester Police Department award a contract or contracts for body-worn camera and Taser services for a period of five years. – Item #24f CC Tabled Under Privilege

ORDER of Councilor Thu Nguyen – Request City Manager request Police Chief provide City Council with a report concerning how the Police Department will address various concerns raised by the ACLU relative to the city’s draft policy for the body-worn camera program, including whether there are clear disciplinary measures when the policy is violated, as well as information as to how first amendment rights will be protected. – Item #24g CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor George J. Russell – Request City Manager request City Solicitor provide City Council with a report concerning City Council’s role and authority relative to the Unmanned Aircraft System Proposal. – Item #24h CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Kathleen M. Toomey – Request City Manager request City Solicitor provide City Council with a report, at its next meeting, clarifying the City Council’s role relative to departmental policy in accordance with the City Charter. – Item #24i CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

Motion Toomey @ #10.6B CM – Request City Manager request Commissioner of Public Works and Parks provide City Council with a report concerning whether the sealant used by the Department of Public Works to preserve roads is the same sealant used for airport runways.

Motion King @ #10.33A CM – Request City Manager provide City Council with documentation relative to the value engineering process the city used to procure packages associated with the Doherty Memorial High School replacement process.

Motion Haxhiaj @ #10.33A CM – Request City Manager work with the MSBA to provide City Council with a report comparing overrun costs associated with the Doherty Memorial High School with other communities completing similar projects.

Motion King @ #13d CC – Request City Manager request Police Chief provide City Council with a report detailing the timeline associated implementing a policy for the new body-worn camera and Taser programs in the city.